Chapter 101 - 2000 Florida Statutes

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2000 Florida Statutes

Title IX ELECTORS AND ELECTIONS

Chapter 101
VOTING METHODS AND PROCEDURE

Chapter 101, Florida Statutes 2000

CHAPTER 101
VOTING METHODS AND PROCEDURE

101.001 Precincts and polling places; boundaries.

101.002 Use of system by municipalities.

101.011 Voting by paper ballot.

101.015 Standards for voting systems.

101.017 Bureau of Voting Systems Certification.

101.021 Elector to vote the primary ballot of the political party in which he or she is registered.

101.031 Instructions for electors.

101.041 Secret voting.

101.045 Electors must be registered in precinct; provisions for residence or name change.

101.051 Electors seeking assistance in casting ballots; oath to be executed; forms to be furnished.

101.111 Person desiring to vote may be challenged; challenger to execute oath; oath of challenged elector; determination of challenge.

101.131 Watchers at polls.

101.141 Specifications for primary election ballot.

101.151 Specifications for general election ballot.

101.161 Referenda; ballots.

101.171 Copy of constitutional amendment to be posted.

101.181 Form of primary ballot.

101.191 Form of general election ballot.

101.20 Publication of ballot form; sample ballots.

101.21 Official ballots; number; printing; payment.

101.22 Voting procedure, paper ballots.

101.23 Election inspector to keep list of those voting.

101.24 Ballot boxes and ballots.

101.251 Information which supervisor of elections must print on ballots.

101.2515 Translation of ballot language.

101.252 Candidates entitled to have names printed on certain ballots; exception.

101.253 When names not to be printed on ballot.

101.254 When nominated names to appear in groups or districts.

101.27 Voting machine ballots.

101.28 Requirements for voting machines.

101.29 Providing machines; payment for same.

101.292 Definitions; ss. 101.292-101.295.

101.293 Competitive sealed bids and proposals required.

101.294 Purchase and sale of voting equipment.

101.295 Penalties for violation.

101.32 Adoption of voting machines; powers incident to adoption.

101.33 Number of electors for each machine.

101.34 Custody of voting machines.

101.341 Prohibited activities by voting machine custodians and deputy custodians.

101.35 Preparation of voting machines; notice of sealing and preelection test.

101.36 Voting machines or electronic or electromechanical voting; when used.

101.37 Location of voting machines.

101.38 Disposition of voting machine keys immediately following an election.

101.39 Voting machines, sealing curtains.

101.40 Voting machine out of order.

101.43 Substitute ballot.

101.445 Write-in ballots.

101.45 Election board opening polls.

101.46 Instruction to electors before election.

101.47 Requirements before elector enters voting machine booth.

101.49 Procedure of election officers where signatures differ.

101.51 Electors to occupy booth alone; time allowed.

101.54 Tabulation of vote and proclamation of results, where voting machine used.

101.545 Retention and destruction of certain election materials.

101.55 Certificate of results.

101.56 Locking machine; returning write-in ballots.

101.5601 Short title.

101.5602 Purpose.

101.5603 Definitions relating to Electronic Voting Systems Act.

101.5604 Adoption of system; procurement of equipment; commercial tabulations.

101.5605 Examination and approval of equipment.

101.5606 Requirements for approval of systems.

101.5607 Department of State to maintain voting system information; prepare software.

101.5608 Voting by electronic or electromechanical method; procedures.

101.5609 Ballot requirements.

101.5610 Inspection of ballot by election board.

101.5611 Instructions to electors.

101.5612 Testing of tabulating equipment.

101.5613 Examination of equipment during voting.

101.5614 Canvass of returns.

101.5615 Recounts and election contests.

101.572 Public inspection of ballots.

101.58 Supervising and observing registration and election processes.

101.591 Voting system audit.

101.6101 Short title.

101.6102 Mail ballot elections; limitations.

101.6103 Mail ballot election procedure.

101.6104 Challenge of votes.

101.6105 Absentee voting.

101.6106 Application of other election laws.

101.6107 Department of State to adopt rules.

101.62 Request for absentee ballots.

101.635 Distribution of blocks of printed ballots.

101.64 Delivery of absentee ballots; envelopes; form.

101.647 Return of absentee ballots.

101.65 Instructions to absent electors.

101.655 Supervised voting by absent electors in certain facilities.

101.657 Voting absentee ballots in person.

101.661 Voting absentee ballots.

101.663 Electors; change of residence.

101.665 Administration of oaths; military personnel, federal employees, and other absentee registrants.

101.67 Safekeeping of mailed ballots; deadline for receiving absentee ballots.

101.68 Canvassing of absentee ballot.

101.685 Absentee ballot coordinators.

101.69 Voting in person; return of absentee ballot.

101.694 Mailing of ballots upon receipt of federal postcard application.

101.71 Polling place.

101.715 Accessibility of polling places to the elderly and physically handicapped.

101.72 Booths.

101.731 Short title.

101.732 Definitions relating to Elections Emergency Act.

101.733 Election emergency; purpose; elections emergency contingency plan.

101.74 Temporary change of polling place in case of emergency.

101.75 Municipal elections; change of dates for cause.

101.001 Precincts and polling places; boundaries.--

(1) The board of county commissioners in each county, upon recommendation and approval of the supervisor, shall alter or create precincts for voting in the county. Each precinct shall be numbered and, as nearly as practicable, composed of contiguous and compact areas. The supervisor shall designate a polling place at a suitable location within each precinct. The precinct shall not be changed thereafter except with the consent of the supervisor and a majority of the members of the board of county commissioners. The board of county commissioners and the supervisor may have precinct boundaries conform to municipal boundaries in accordance with the provisions of s. 101.002, but, in any event, the registration books shall be maintained in such a manner that there may be determined therefrom the total number of electors in each municipality.

(2) When in any election there are fewer than 25 registered electors of the only political party having candidates on the ballot at any precinct, such precinct may be combined with other adjoining precincts upon the recommendation of the supervisor and the approval of the county commissioners. Notice of the combination of precincts shall be given in the same manner as provided in s. 101.71(2).

(3) Each supervisor of elections shall maintain a suitable map drawn to a scale no smaller than 3 miles to the inch and clearly delineating all major observable features such as roads, streams, and railway lines and showing the current geographical boundaries of each precinct, representative district, and senatorial district, and other type of district in the county subject to the elections process in this code. The supervisor of elections shall notify the Secretary of State in writing within 30 days of any reorganization of precincts and shall furnish a copy of the map showing the current geographical boundaries and designation of each new precinct.

(4) Within 10 days after there is any change in the division, number, or boundaries of the precincts, or the location of the polling places, the supervisor of elections shall make in writing an accurate description of any new or altered precincts, setting forth the boundary lines and shall identify the location of each new or altered polling place. A copy of the document describing such changes shall be posted at the supervisor's office.

History.--s. 10, ch. 3879, 1889; RS 164; s. 11, ch. 4328, 1895; GS 184; RGS 228; CGL 281; s. 2, ch. 24203, 1947; s. 6, ch. 25383, 1949; s. 2, ch. 26329, 1949; s. 2, ch. 26870, 1951; s. 4, ch. 29934, 1955; s. 3, ch. 57-166; s. 1, ch. 59-281; s. 1, ch. 67-169; s. 1, ch. 72-25; s. 3, ch. 73-155; s. 1, ch. 76-60; s. 1, ch. 76-121; s. 1, ch. 76-233; s. 4, ch. 77-175; s. 1, ch. 80-189; s. 11, ch. 80-292; s. 4, ch. 81-304; s. 26, ch. 84-302; s. 24, ch. 94-224; s. 1390, ch. 95-147; s. 54, ch. 97-13.

Note.--Former s. 98.23; s. 98.031.

101.002 Use of system by municipalities.--

(1) The board of county commissioners, with the concurrence of the supervisor of elections, may arrange the boundaries of the precincts in each municipality within the county to conform to the boundaries of the municipality, subject to the concurrence of the governing body of the municipality. All binders, files, and other equipment or materials necessary for the permanent registration system shall be furnished by the board of county commissioners.

(2) The supervisor of elections shall deliver the records required for a municipal election to the municipal elections boards or other appropriate elections officials before the election and collect them after the election. The municipality shall reimburse the county for the actual costs incurred.

(3) Any person who is a duly registered elector pursuant to this code and who resides within the boundaries of a municipality is qualified to participate in all municipal elections, the provisions of special acts or local charters notwithstanding. Electors who are not registered under the permanent registration system shall not be permitted to vote.

History.--s. 4, ch. 25391, 1949; s. 2, ch. 26870, 1951; s. 10, ch. 27991, 1953; s. 2, ch. 29761, 1955; s. 1, ch. 57-136; s. 1, ch. 63-268; s. 6, ch. 65-134; s. 2, ch. 73-155; s. 5, ch. 77-175; s. 31, ch. 94-224.

Note.--Former s. 97.04; s. 98.091.

101.011 Voting by paper ballot.--

(1) In counties where paper ballots are used, each elector shall be given a ballot by the inspector. Before delivering the ballot to the elector, one of the inspectors shall write his or her initials or name on the stub attached to the ballot; then the elector shall, without leaving the polling place, retire alone to a booth or compartment provided, and place an "X" mark after the name of the candidate of his or her choice for each office to be filled, and likewise mark an "X" after the answer he or she desires in case of a constitutional amendment or other question submitted to a vote.

(2) No paper ballot shall be voided or declared invalid in any election within the state by reason of the fact that the ballot is marked other than with an "X," so long as there is a clear indication thereon to the election officials that the person marking such ballot has made a definite choice, and provided further, that the mark placed on the ballot with respect to any candidate by any such voter shall be located in the blank space on the ballot opposite such candidate's name.

(3) After preparing his or her paper ballot, the elector shall fold the ballot so as to conceal the face of the ballot and show the stub attached with the name or initials of the inspector and hand it to the receiving inspector, who shall detach the stub and return the ballot to the elector to deposit in the ballot box in the presence of the inspectors. The detached stubs shall be numbered consecutively and filed by the inspectors.

(4) If the elector marks more names than there are persons to be elected to an office, or if it is impossible to determine the elector's choice, his or her ballot shall not be counted for the office; but this shall not vitiate the ballot as to those names which are properly marked, and nothing in this code shall be construed to prevent any elector, at any general election, from voting for any qualified candidate other than one whose name is printed on the ballot.

(5) Any elector who shall, by mistake, spoil a ballot so he or she cannot vote the ballot may return it to the inspectors, who shall immediately detach the stub, destroy the ballot without examination, and give the elector another ballot. In no case shall an elector be furnished with more than three ballots or carry a ballot outside the polling room. The clerk shall keep a record of all ballots destroyed.

(6) At a general election an elector may vote for a write-in candidate by writing in the name of such person in the blank space provided.

History.--s. 46, ch. 4328, 1895; s. 3, ch. 4329, 1895; GS 230; RGS 275; CGL 331; s. 8, ch. 17898, 1937; s. 5, ch. 26870, 1951; s. 1, ch. 28030, s. 20, ch. 28156, 1953; s. 1, ch. 59-334; s. 3, ch. 67-386; s. 13, ch. 77-175; s. 5, ch. 81-105; s. 3, ch. 82-143; s. 550, ch. 95-147.

Note.--Former s. 99.29.

101.015 Standards for voting systems.--

(1) The Department of State shall adopt rules which establish minimum standards for hardware and software for electronic and electromechanical voting systems. Such rules shall contain standards for:

(a) Functional requirements;

(b) Performance levels;

(d) Documentation requirements; and

(e) Evaluation criteria.

(2) Each odd-numbered year the Department of State shall review the rules governing standards and certification of voting systems to determine the adequacy and effectiveness of such rules in assuring that elections are fair and impartial.

(3) The Department of State shall adopt rules to achieve and maintain the maximum degree of correctness, impartiality, and efficiency of the procedures of voting, including write-in voting, and of counting, tabulating, and recording votes by voting systems used in this state.

(4)(a) The Department of State shall adopt rules establishing minimum security standards for voting systems.

(b) Each supervisor of elections shall establish written procedures to assure accuracy and security in his or her county, and such procedures shall be reviewed in each odd-numbered year by the Department of State.

(c) Each supervisor of elections shall submit any revisions to the security procedures to the Department of State at least 45 days before the first election in which they are to take effect.

(5)(a) The Department of State shall adopt rules which establish standards for provisional approval of hardware and software for innovative use of electronic and electromechanical voting systems. Such rules shall contain standards for:

1. Functional requirements;

2. Performance levels;

3. Physical and design characteristics;

4. Documentation requirements;

5. Evaluation criteria;

6. Audit capabilities; and

7. Consideration of prior use of a system.

(b) A voting system shall be provisionally approved for a total of no more than 2 years, and the Department of State has the authority to revoke such approval. Provisional approval of a system shall not be granted by the Department of State to supersede certification requirements of this section.

(c)1. No provisionally approved system may be used in any election, including any municipal election, without the authorization of the Department of State.

2. An application for use of a provisionally approved system shall be submitted at least 120 days prior to the intended use by the supervisor of elections or municipal elections official. Such application shall request authorization for use of the system in a specific election. Each application shall state the election, the number of precincts, and the number of anticipated voters for which the system is requested for use.

3. The Department of State shall authorize or deny authorization of the use of the provisionally approved system for the specific election and shall notify the supervisor of elections or municipal elections official in writing of the authorization or denial of authorization, along with the reasons therefor, within 45 days after receipt of the application.

(d) A contract for the use of a provisionally approved system for a specific election may be entered into with the approval of the Department of State. No contract for title to a provisionally approved system may be entered into.

(e) The use of any provisionally approved system shall be valid for all purposes.

(6) All electronic and electromechanical voting systems purchased on or after January 1, 1990, must meet the minimum standards established under subsection (1). All electronic and electromechanical voting systems in use on or after July 1, 1993, must meet the minimum standards established under subsection (1) or subsection (5).

History.--s. 4, ch. 89-348; s. 16, ch. 90-315; s. 551, ch. 95-147.

101.017 Bureau of Voting Systems Certification.--There is created a Bureau of Voting Systems Certification within the Division of Elections of the Department of State which shall provide technical support to the supervisors of elections and which is responsible for voting system standards and certification. The positions necessary for the bureau to accomplish its duties shall be established through the budgetary process.

History.--s. 16, ch. 89-348; s. 20, ch. 90-315.

Note.--Former s. 102.1691.

101.021 Elector to vote the primary ballot of the political party in which he or she is registered.--In a primary election a qualified elector is entitled to vote the official primary election ballot of the political party designated in the elector's registration, and no other. It is unlawful for any elector to vote in a primary for any candidate running for nomination from a party other than that in which such elector is registered.

History.--s. 41, ch. 6469, 1913; RGS 345; CGL 402; s. 5, ch. 26870, 1951; s. 21, ch. 28156, 1953; s. 13, ch. 77-175; s. 552, ch. 95-147.

Note.--Former s. 102.40.

101.031 Instructions for electors.--

(1) The Department of State, or in case of municipal elections the governing body of the municipality, shall print, in large type on cards, instructions for the electors to use in voting. It shall provide not less than two cards for each voting precinct and furnish such cards to each supervisor upon requisition. Each supervisor of elections shall send a sufficient number of these cards to the precincts prior to an election. The election inspectors shall display the cards in the polling places as information for electors. The cards shall contain information about how to vote and such other information as the Department of State may deem necessary.

(2) In case any elector, after entering the voting booth, shall ask for further instructions concerning the manner of voting, two election officers who are not both members of the same political party, if present, or, if not, two election officers who are members of the same political party, shall give such instructions to such elector, but no officer or person assisting an elector shall in any manner request, suggest, or seek to persuade or induce any elector to vote for or against any particular ticket, candidate, amendment, question, or proposition. After giving the elector instructions and before the elector has voted, the officers or persons assisting the elector shall retire, and such elector shall vote in secret.

History.--s. 40, ch. 4328, 1895; s. 12, ch. 4537, 1897; GS 225; RGS 270; CGL 326; s. 1, ch. 25106, 1949; s. 5, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 25, ch. 77-104; s. 13, ch. 77-175; s. 31, ch. 79-400.

Note.--Former s. 99.24.

101.041 Secret voting.--In all elections held on any subject which may be submitted to a vote, and for all or any state, county, district, or municipal officers, the voting shall be by secret, official ballot printed and distributed as provided by this code, and no vote shall be received or counted in any election, except as prescribed by this code.

History.--s. 24, ch. 3879, 1889; RS 178; s. 28, ch. 4328, 1895; GS 210; RGS 254; CGL 310; s. 3, ch. 17898, 1937; s. 5, ch. 26870, 1951; s. 13, ch. 77-175.

Note.--Former s. 99.08.

101.045 Electors must be registered in precinct; provisions for residence or name change.--

(1) No person shall be permitted to vote in any election precinct or district other than the one in which the person has his or her legal residence and in which the person is registered. However, a person temporarily residing outside the county shall be registered in the precinct in which the main office of the supervisor, as designated by the supervisor, is located when the person has no permanent address in the county and it is the person's intention to remain a resident of Florida and of the county in which he or she is registered to vote. Such persons who are registered in the precinct in which the main office of the supervisor, as designated by the supervisor, is located and who are residing outside the county with no permanent address in the county shall not be registered electors of a municipality and therefore shall not be permitted to vote in any municipal election.

(2)(a) An elector who moves from the precinct within the county in which the elector is registered may be permitted to vote in the precinct to which he or she has moved his or her legal residence, provided such elector completes an affirmation in substantially the following form:

Change of Legal Residence of Registered
Voter

Under penalties for false swearing, I, (Name of voter) , swear (or affirm) that the former address of my legal residence was (Address of legal residence) in the municipality of _____, in _____ County, Florida, and I was registered to vote in the _____ precinct of _____ County, Florida; that I have not voted in the precinct of my former registration in this election; that I now reside at (Address of legal residence) in the Municipality of _____, in _____ County, Florida, and am therefore eligible to vote in the _____ precinct of _____ County, Florida; and I further swear (or affirm) that I am otherwise legally registered and entitled to vote.

(Signature of voter whose address of legal residence has changed)

(b) An elector whose name changes because of marriage or other legal process may be permitted to vote, provided such elector completes an affirmation in substantially the following form:

Change of Name of Registered
Voter

Under penalties for false swearing, I, (New name of voter) , swear (or affirm) that my name has been changed because of marriage or other legal process. My former name and address of legal residence appear on the registration books of precinct _____ as follows:
Name

Address

Municipality

County

Florida, Zip

My present name and address of legal residence are as follows:
Name

Address

Municipality

County

Florida, Zip

and I further swear (or affirm) that I am otherwise legally registered and entitled to vote.

(Signature of voter whose name has changed)

(c) Such affirmation, when completed and presented at the precinct in which such elector is entitled to vote, shall entitle such elector to vote as provided in this subsection. Upon receipt of an affirmation certifying a change in address of legal residence or name, the supervisor shall as soon as practicable make the necessary changes in the registration records of the county to indicate the change in address of legal residence or name of such elector.

(d) Instead of the affirmation contained in paragraph (a) or paragraph (b), an elector may complete a voter registration application that indicates the change of name or change of address of legal residence.

(e) A request for an absentee ballot pursuant to s. 101.62 which indicates that the elector has had a change of address of legal residence from that in the supervisor's records shall be sufficient as the notice to the supervisor of change of address of legal residence required by this section. Upon receipt of such request for an absentee ballot from an elector who has changed his or her address of legal residence, the supervisor shall provide the elector with the proper ballot for the precinct in which the elector then has his or her legal residence.

(3) When an elector's name does not appear on the registration books of the election precinct in which the elector is registered and when the elector cannot present a valid registration identification card, the elector may have his or her name restored if the supervisor is otherwise satisfied that the elector is validly registered, that the elector's name has been erroneously omitted from the books, and that the elector is entitled to have his or her name restored. The supervisor, if he or she is satisfied as to the elector's previous registration, shall allow such person to vote and shall thereafter issue a duplicate registration identification card.

History.--s. 13, ch. 3879, 1889; RS 167; s. 15, ch. 4328, 1895; GS 192; RGS 236; CGL 289; s. 4, ch. 24203, 1947; s. 11, ch. 25035, 1949; s. 1, ch. 26870, 1951; s. 4, ch. 28156, 1953; s. 7, ch. 65-60; s. 1, ch. 71-307; s. 3, ch. 77-175; s. 6, ch. 78-403; s. 4, ch. 80-292; s. 5, ch. 89-338; s. 20, ch. 94-224; s. 1391, ch. 95-147.

Note.--Former s. 98.32; s. 97.091.

101.051 Electors seeking assistance in casting ballots; oath to be executed; forms to be furnished.--

(1) Any elector applying to vote in any election who requires assistance to vote by reason of blindness, disability, or inability to read or write may request the assistance of two election officials or some other person of the elector's own choice, other than the elector's employer, an agent of the employer, or an officer or agent of his or her union, to assist the elector in casting his or her vote. Any such elector, before retiring to the voting booth, may have one of such persons read over to him or her, without suggestion or interference, the titles of the offices to be filled and the candidates therefor and the issues on the ballot. After the elector requests the aid of the two election officials or the person of the elector's choice, they shall retire to the voting booth for the purpose of casting the elector's vote according to the elector's choice.

(2) It is unlawful for any person to be in the voting booth with any elector except as provided in subsection (1).

(3) Any elector applying to cast an absentee ballot in the office of the supervisor, in any election, who requires assistance to vote by reason of blindness, disability, or inability to read or write may request the assistance of some person of his or her own choice, other than the elector's employer, an agent of the employer, or an officer or agent of his or her union, in casting his or her absentee ballot.

(4) If an elector needs assistance in voting pursuant to the provisions of this section, the clerk or one of the inspectors shall require the elector requesting assistance in voting to take the following oath:

DECLARATION TO SECURE ASSISTANCE

State of Florida
County of _____
Date _____
Precinct _____

I, (Print name) , swear or affirm that I am a registered elector and request assistance from (Print names) in voting at the (name of election) held on (date of election) for the following reason

(Signature of voter)

Sworn and subscribed to before me this _____ day of _____, (year) .

(Signature of Official Administering Oath)

(5) The supervisor of elections shall deliver a sufficient number of these forms to each precinct, along with other election paraphernalia.

History.--s. 3, ch. 22018, 1943; s. 5, ch. 26870, 1951; s. 2, ch. 59-446; s. 2, ch. 65-60; s. 1, ch. 65-380; s. 13, ch. 77-175; s. 2, ch. 79-366; s. 31, ch. 84-302; s. 12, ch. 85-226; s. 553, ch. 95-147; s. 8, ch. 99-6.

Note.--Former s. 100.36.

101.111 Person desiring to vote may be challenged; challenger to execute oath; oath of challenged elector; determination of challenge.--

(1) When the right to vote of any person who desires to vote is questioned by any elector or watcher, the challenge shall be reduced to writing with an oath as provided in this section, giving reasons for the challenge, which shall be delivered to the clerk or inspector. Any elector or authorized poll watcher challenging an elector at an election shall execute the oath set forth below:

OATH OF PERSON ENTERING CHALLENGE

State of Florida
County of _____

I do solemnly swear that my name is _____; that I am a member of the _____ party; that I am _____ years old; that I was born in the state of_____ or the country of _____; that my residence is on _____ street, in the municipality of _____; and that I have reason to believe that _____ is attempting to vote illegally and the reasons for my belief are set forth herein to wit:

(Signature of person challenging voter)

Sworn and subscribed to before me this _____ day of _____, (year) .

(Clerk of election)

(2) Before a challenged elector is permitted to vote by any officer or person in charge of admission to the polling place, the challenged elector's right to vote shall be determined in accordance with the provisions of subsection (3). The clerk or inspector shall immediately deliver to the challenged elector a copy of the oath of the person entering the challenge and shall request the challenged elector to execute the following affidavit:

OATH OF CHALLENGED VOTER

State of Florida
County of _____

I do solemnly swear that my name is _____; that I am a member of the _____ party; that I am _____ years old; that I was born in the state of _____ or the country of _____; that my residence is on _____ street, in the municipality of _____, in this the _____ precinct of _____ county; that I personally made application for registration and signed my name and that I am a qualified voter, and I am not registered to vote in any other precinct other than the one in which I am presently seeking to vote.

(Signature of voter)

Sworn and subscribed to before me this _____ day of _____, (year) .

(Clerk of election or Inspector)

Any inspector or clerk of election may administer the oath.

(3) If the challenged person refuses to make and sign the affidavit, the clerk or inspector shall refuse to allow him or her to vote. If such person makes the affidavit, the inspectors and clerk of election shall compare the information in the affidavit with that entered on the registration books opposite the person's name, and, upon such comparison of the information and the person's signature and the taking of other evidence which may then be offered, the clerk and inspectors shall decide by a majority vote whether the challenged person may vote. If the challenged person is unable to write or sign his or her name, the clerk or inspector shall examine the precinct register to ascertain whether the person registered under the name of such person is represented to have signed his or her name. If the person is so represented, then he or she shall be denied permission to vote without further examination; but, if not, then the clerk or one of the inspectors shall place such person under oath and orally examine him or her upon the subject matter contained in the affidavit, and, if there is any doubt as to the identity of such person, the clerk or inspector shall compare the person's appearance with the description entered upon the precinct register opposite the person's name. The clerk or inspector shall then proceed as in other cases to determine whether the challenged person may vote.

History.--s. 43, ch. 4328, 1895; GS 227; s. 43, ch. 6469, 1913; RGS 272, 347; CGL 328, 404; s. 5, ch. 26870, 1951; s. 10, ch. 27991, 1953; s. 23, ch. 28156, 1953; s. 4, ch. 65-380; s. 13, ch. 77-175; s. 554, ch. 95-147; s. 9, ch. 99-6.

Note.--Former ss. 99.26, 102.42.

101.131 Watchers at polls.--

(1) Each political party and each candidate may have one watcher in each polling room at any one time during the election. No watcher shall be permitted to come closer to the officials' table or the voting booths than is reasonably necessary to properly perform his or her functions, but each shall be allowed within the polling room to watch and observe the conduct of electors and officials. The watchers shall furnish their own materials and necessities and shall not obstruct the orderly conduct of any election. Each watcher shall be a qualified and registered elector of the county in which he or she serves. During the elections the officials shall call out the names of electors loudly enough to be heard by the watchers.

(2) Each party and each candidate requesting to have poll watchers shall designate, in writing, poll watchers for each precinct prior to noon of the second Tuesday preceding the election. The poll watchers for each precinct shall be approved by the supervisor of elections on or before the Tuesday before the election. The supervisor shall furnish to each precinct a list of the poll watchers designated and approved for such precinct.

(3) No candidate or sheriff, deputy sheriff, police officer, or other law enforcement officer may be designated as a poll watcher.

History.--s. 3D, ch. 22018, 1943; s. 5, ch. 26870, 1951; s. 18, ch. 29934, 1955; s. 6, ch. 65-380; s. 13, ch. 77-175; s. 3, ch. 87-184; s. 14, ch. 87-363; s. 18, ch. 89-338; s. 555, ch. 95-147.

Note.--Former s. 100.45.

101.141 Specifications for primary election ballot.--In counties in which voting machines are not used, and in other counties for use as absentee ballots not designed for tabulation by an electronic or electromechanical voting system, the primary election ballot shall conform to the following specifications:

(1) The ballots shall be of a different color for each political party participating in the primary election. All ballots shall contain the same information as far as possible and be printed on paper of such thickness that the printing cannot be distinguished from the back.

(2) Across the top of the ballot shall be printed, "Official Primary Ballot _____ Party" (with proper party name inserted), beneath which shall be printed the county, the precinct number, and the date of the election, except that a precinct number shall not be required for absentee ballots. Above the caption of the ballot shall be two stubs, with a perforated line between the stubs and between the lower stub and top of the ballot. Each stub shall have printed thereon: "Official Primary Ballot," below which shall appear the party name; on the left side shall be a blank line under which shall be "Signature of Voter" (only on the top stub); on the right side shall appear: "Initials of Issuing Official," above which shall be a blank line; under the party name shall appear the name of the county, the precinct number, and the date of the primary election; the stubs of all ballots for each precinct shall be prenumbered consecutively, beginning with "No. 1," and the stubs on each ballot shall bear the same number. However, a second stub shall not be required for absentee ballots.

(3) Beneath the caption and preceding the names of candidates shall be the following words: "To vote for a candidate, mark a cross (X) in the blank space at the right of the name of the candidate for whom you desire to vote."

(4) The ballot shall have the headings, under which appear the names of the offices and the candidates for the respective offices alphabetically arranged as to surnames, in the following order: the heading "Congressional" and thereunder the offices of United States Senator and Representative in Congress; the heading "State" and thereunder the offices of Governor and Lieutenant Governor, Secretary of State, Attorney General, Comptroller, Treasurer, Commissioner of Education, Commissioner of Agriculture, state attorney, and public defender; the heading "Legislative" and thereunder the offices of state senator and state representative; the heading "County" and thereunder clerk of the circuit court, clerk of the county court (when authorized by law), sheriff, property appraiser, tax collector, district superintendent of schools, and supervisor of elections. Thereafter follows: members of the board of county commissioners, and such other county and district offices as are involved in the primary election, in the order fixed by the Department of State, followed, in the years of their election, by "Party offices," and thereunder the offices of state and county party executive committee members. Immediately following the name of each office on the ballot shall be printed, "Vote for One." When more than one candidate is to be nominated for office, the candidates for such office shall qualify and run in a group or district. The group or district number shall be printed beneath the name of the office. The names of candidates in the respective group or district shall be arranged thereunder in alphabetical order as to surnames, and following the group or district number there shall be printed the words, "Vote for One." The name of the office shall be printed over each numbered group or district and each numbered group or district shall be clearly separated from the next numbered group or district, the same as in the case of single offices. When two or more candidates running for the same office have the same or similar surname and one candidate is currently holding that office, the word "Incumbent" shall be printed next to the incumbent's name. If in any primary election all the offices as above set forth are not involved, those offices to be filled shall be arranged on the ballot in the order named.

(5) On each ballot stub the words, "Official Primary Ballot" and the party name, and on the caption the words, "Official Primary Ballot _____ Party," shall be in 18-point caps; the printed instruction to electors immediately preceding the offices and names of candidates shall be in 10-point type; the headings shall be in 12-point blackfaced caps; the offices, the group or district numbers, and the words, "Vote for One" shall be in 12-point upper and lower case blackfaced type; the names of candidates shall be in 10-point lightfaced caps; the lines on which are printed the candidates' names shall be at least 11/2 picas apart, and the box to the right of each candidate's name provided for the cross (X) in voting shall be 2 picas wide and 11/2 picas high.

(6) Should the above directions for complete preparation of the ballot be insufficient, the Department of State shall determine and prescribe any additional matter or form. The Department of State shall, not less than 60 days prior to the first primary election, mail to each supervisor of elections the format of the ballot to be used for the primary election.

(7) If the above requirements as to type, size, and kind are not possible to follow, the ballot shall be prepared to conform as closely as possible to such requirements.

History.--ss. 38, 39, ch. 6469, 1913; RGS 342, 343; CGL 399, 400; s. 7, ch. 13761, 1929; s. 1, ch. 17901, 1937; ss. 1, 2, ch. 25386, 1949; s. 5, ch. 26870, 1951; s. 2, ch. 29937, 1955; s. 1, ch. 65-52; s. 2, ch. 65-60; s. 7, ch. 65-380; s. 7, ch. 69-281; ss. 10, 35, ch. 69-106; s. 1, ch. 70-268; s. 1, ch. 71-236; s. 36, ch. 73-333; s. 1, ch. 77-102; s. 13, ch. 77-175; s. 32, ch. 79-400; s. 8, ch. 81-304; s. 8, ch. 82-143; s. 19, ch. 89-338; s. 10, ch. 99-326.

Note.--Former ss. 102.37, 102.38.

101.151 Specifications for general election ballot.--In counties in which voting machines are not used, and in other counties for use as absentee ballots not designed for tabulation by an electronic or electromechanical voting system, the general election ballot shall conform to the following specifications:

(1) The ballot shall be printed on paper of such thickness that the printing cannot be distinguished from the back.

(2) Across the top of the ballot shall be printed "Official Ballot, General Election," beneath which shall be printed the county, the precinct number, and the date of the election. The precinct number, however, shall not be required for absentee ballots. Above the caption of the ballot shall be two stubs with a perforated line between the stubs and between the lower stub and the top of the ballot. The top stub shall be stub No. 1 and shall have printed thereon, "General Election, Official Ballot," and then shall appear the name of the county, the precinct number, and the date of the election. On the left side shall be a blank line under which shall be printed "Signature of Voter." On the right side shall be "Initials of Issuing Official," above which there shall be a blank line. The second stub shall be the same, except there shall not be a space for signature of the elector. Both stubs No. 1 and No. 2 on ballots for each precinct shall be prenumbered consecutively, beginning with "No. 1." However, a second stub shall not be required for absentee ballots.

(3)(a) Beneath the caption and preceding the names of candidates shall be the following words: "To vote for a candidate whose name is printed on the ballot, place a cross (X) mark in the blank space at the right of the name of the candidate for whom you desire to vote. To vote for a write-in candidate, write the name of the candidate in the blank space provided for that purpose." The ballot shall have headings under which shall appear the names of the offices and names of duly nominated candidates for the respective offices in the following order: the heading "Electors for President and Vice President" and thereunder the names of the candidates for President and Vice President of the United States nominated by the political party which received the highest vote for Governor in the last general election of the Governor in this state, above which shall appear the name of said party. Then shall appear the names of other candidates for President and Vice President of the United States who have been properly nominated. Votes cast for write-in candidates for President and Vice President shall be counted as votes cast for the presidential electors supporting such candidates. Then shall follow the heading "Congressional" and thereunder the offices of United States Senator and Representative in Congress; then the heading "State" and thereunder the offices of Governor and Lieutenant Governor, Secretary of State, Attorney General, Comptroller, Treasurer, Commissioner of Education, Commissioner of Agriculture, state attorney, and public defender, together with the names of the candidates for each office and the title of the office which they seek; then the heading "Legislative" and thereunder the offices of state senator and state representative; then the heading "County" and thereunder clerk of the circuit court, clerk of the county court (when authorized by law), sheriff, property appraiser, tax collector, district superintendent of schools, and supervisor of elections. Thereafter follows: members of the board of county commissioners, and such other county offices as are involved in the general election, in the order fixed by the Department of State. When a write-in candidate has qualified for any office, a subheading "Write-in Candidate for (name of office) " shall be provided followed by a blank space in which to write the name of the candidate. With respect to write-in candidates, if two or more candidates are seeking election to one office, only one blank space shall be provided.

(b) Immediately following the name of each office on the ballot shall be printed, "Vote for One." When more than one candidate is nominated for office, the candidates for such office shall qualify and run in a group or district, and the group or district number shall be printed beneath the name of the office. The name of the office shall be printed over each numbered group or district and each numbered group or district shall be clearly separated from the next numbered group or district, the same as in the case of single offices. Following the group or district number shall be printed the words, "Vote for One," and the names of the candidates in the respective groups or districts shall be arranged thereunder.

(4) The names of the candidates of the party which received the highest number of votes for Governor in the last election in which a Governor was elected shall be placed first under the heading for each office, together with an appropriate abbreviation of party name; the names of the candidates of the party which received the second highest vote for Governor shall be second under the heading for each office, together with an appropriate abbreviation of the party name.

(5) Minor political party candidates and candidates with no party affiliation shall have their names appear on the general election ballot following the names of recognized political parties, in the same order as they were certified.

(6) Except for justices or judges seeking retention, the names of unopposed candidates shall not appear on the general election ballot. Each unopposed candidate shall be deemed to have voted for himself or herself.

(7) The same requirement as to the type, size, and kind of printing of official ballots in primary elections as provided in s. 101.141(5) shall govern the printing of official ballots in general elections.

(8) Should the above directions for complete preparation of the ballot be insufficient, the Department of State shall determine and prescribe any additional matter or form. Not less than 60 days prior to a general election, the Department of State shall mail to each supervisor of elections the format of the ballot to be used for the general election.

(9) The provisions of s. 101.141(7) shall be applicable in printing of said ballot.

History.--s. 35, ch. 4328, 1895; GS 219; s. 1, ch. 5612, 1907; RGS 264; CGL 320; s. 5, ch. 17898, 1937; ss. 2, 3, ch. 25187, 1949; s. 5, ch. 26870, 1951; s. 3, ch. 29937, 1955; s. 1, ch. 57-235; s. 2, ch. 59-334; s. 8, ch. 65-380; s. 1, ch. 65-52; s. 2, ch. 65-60; s. 8, ch. 65-380; s. 4, ch. 67-386; ss. 10, 35, ch. 69-106; s. 8, ch. 69-281; s. 1, ch. 69-380; s. 37, ch. 73-333; s. 1, ch. 77-102; s. 13, ch. 77-175; s. 33, ch. 79-400; s. 6, ch. 81-105; s. 11, ch. 81-304; s. 9, ch. 82-143; s. 20, ch. 89-338; s. 556, ch. 95-147; s. 14, ch. 99-318; s. 11, ch. 99-326; s. 14, ch. 99-355.

Note.--Former ss. 99.18, 99.171.

101.161 Referenda; ballots.--

(1) Whenever a constitutional amendment or other public measure is submitted to the vote of the people, the substance of such amendment or other public measure shall be printed in clear and unambiguous language on the ballot after the list of candidates, followed by the word "yes" and also by the word "no," and shall be styled in such a manner that a "yes" vote will indicate approval of the proposal and a "no" vote will indicate rejection. The wording of the substance of the amendment or other public measure and the ballot title to appear on the ballot shall be embodied in the joint resolution, constitutional revision commission proposal, constitutional convention proposal, taxation and budget reform commission proposal, or enabling resolution or ordinance. Except for amendments and ballot language proposed by joint resolution, the substance of the amendment or other public measure shall be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. The ballot title shall consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of.

(2) The substance and ballot title of a constitutional amendment proposed by initiative shall be prepared by the sponsor and approved by the Secretary of State in accordance with rules adopted pursuant to s. 120.54. The Department of State shall give each proposed constitutional amendment a designating number for convenient reference. This number designation shall appear on the ballot. Designating numbers shall be assigned in the order of filing or certification of the amendments. The Department of State shall furnish the designating number, the ballot title, and the substance of each amendment to the supervisor of elections of each county in which such amendment is to be voted on.

(3)(a) The ballot for the general election in the year 2000 must contain a statement allowing voters to determine whether circuit or county court judges will be selected by merit selection and retention as provided in s. 10, Art. V of the State Constitution. The ballot in each circuit must contain the statement in paragraph (c). The ballot in each county must contain the statement in paragraph (e).

(b) For any general election in which the Secretary of State, for any circuit, or the supervisor of elections, for any county, has certified the ballot position for an initiative to change the method of selection of judges, the ballot for any circuit must contain the statement in paragraph (c) or paragraph (d) and the ballot for any county must contain the statement in paragraph (e) or paragraph (f).

(c) In any circuit where the initiative is to change the selection of circuit court judges to selection by merit selection and retention, the ballot shall state: "Shall the method of selecting circuit court judges in the (number of the circuit) judicial circuit be changed from election by a vote of the people to selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people?" This statement must be followed by the word "yes" and also by the word "no."

(d) In any circuit where the initiative is to change the selection of circuit court judges to election by the voters, the ballot shall state: "Shall the method of selecting circuit court judges in the (number of the circuit) judicial circuit be changed from selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people to election by a vote of the people?" This statement must be followed by the word "yes" and also by the word "no."

(e) In any county where the initiative is to change the selection of county court judges to merit selection and retention, the ballot shall state: "Shall the method of selecting county court judges in (name of county) be changed from election by a vote of the people to selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people?" This statement must be followed by the word "yes" and also by the word "no."

(f) In any county where the initiative is to change the selection of county court judges to election by the voters, the ballot shall state: "Shall the method of selecting county court judges in (name of the county) be changed from selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote of the people to election by a vote of the people?" This statement must be followed by the word "yes" and also by the word "no."

History.--s. 34, ch. 4328, 1895; GS 218; RGS 262; CGL 318; ss. 1-11, ch. 16180, 1933; s. 1, ch. 16877, 1935; s. 4, ch. 17898, 1937; s. 1, ch. 22626, 1945; s. 5, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 1, ch. 73-7; s. 13, ch. 77-175; s. 16, ch. 79-365; s. 2, ch. 80-305; s. 32, ch. 84-302; s. 11, ch. 90-203; s. 10, ch. 99-355; s. 1, ch. 2000-361.

Note.--Former s. 99.16.

101.171 Copy of constitutional amendment to be posted.--Whenever any amendment to the State Constitution is to be voted upon at any election, the Department of State shall have printed, and shall furnish to each supervisor of elections, a sufficient number of copies of the amendment, and the supervisor shall have a copy thereof conspicuously posted at each precinct upon the day of election.

History.--s. 1, ch. 5405, 1905; RGS 263; CGL 319; s. 5, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 13, ch. 77-175.

Note.--Former s. 99.17.

101.181 Form of primary ballot.--

(1) The primary election ballot shall be in substantially the following form:

OFFICIAL PRIMARY BALLOT
No. _____ _____ Party
_____ COUNTY, FLORIDA
Precinct No. _____
(Date)
(Signature of Voter)

(Initials of Issuing Official)

Stub No. 1

OFFICIAL PRIMARY BALLOT
No. _____ _____ Party
_____ COUNTY, FLORIDA
Precinct No. _____
(Date)

(Initials of Issuing Official)

Stub No. 2

OFFICIAL PRIMARY BALLOT
_____ Party
_____ COUNTY, FLORIDA
Precinct No. _____
(Date)

TO VOTE for a candidate, mark a cross (X) in the blank space at the RIGHT of the name of the candidate for whom you desire to vote.

CONGRESSIONAL
UNITED STATES SENATOR
Vote for One

(Name of Candidate)         [ ]

(Name of Candidate)         [ ]

(Name of Candidate)         [ ]

(And thence other offices under this heading, followed by the headings and offices as prescribed in s. 101.141.)

(2) The primary election ballot shall be arranged and printed so that the offices of Governor and Lieutenant Governor are joined in a single voting space to allow each elector to cast a single vote for the joint candidacies for Governor and Lieutenant Governor.

History.--s. 40, ch. 6469, 1913; s. 5, ch. 6874, 1915; RGS 344; CGL 401; s. 8, ch. 13761, 1929; s. 2, ch. 17901, 1937; s. 3, ch. 25386, 1949; s. 5, ch. 26870, 1951; s. 9, ch. 69-281; s. 14, ch. 77-175.

Note.--Former s. 102.39.

101.191 Form of general election ballot.--

(1) The general election ballot shall be in substantially the following form:

OFFICIAL BALLOT GENERAL ELECTION
No. _____ _____ COUNTY, FLORIDA
Precinct No. _____
(Date)
(Signature of Voter)

(Initials of Issuing Official)

Stub No. 1

OFFICIAL BALLOT GENERAL ELECTION
No. _____ _____ COUNTY, FLORIDA
Precinct No. _____
(Date)

(Initials of Issuing Official)

Stub No. 2

OFFICIAL BALLOT GENERAL ELECTION
_____ COUNTY, FLORIDA
Precinct No. _____
(Date)

TO VOTE for a candidate whose name is printed on the ballot, mark a cross (X) in the blank space at the RIGHT of the name of the candidate for whom you desire to vote. To vote for a candidate whose name is not printed on the ballot, write the candidate's name in the blank space provided for that purpose.

ELECTORS
For President
and
Vice President

(A vote for the candidates will actually be a vote for their electors)
Vote for group

DEMOCRATIC

(Name of Candidate)

For President

[ ]

(Name of Candidate)

For Vice President

REPUBLICAN

(Name of Candidate)

For President

[ ]

(Name of Candidate)

For Vice President

(NAME OF MINOR PARTY)

(Name of Candidate)

For President

[ ]

(Name of Candidate)

For Vice President

NO PARTY AFFILIATION

(Name of Candidate)

For President

[ ]

(Name of Candidate)

For Vice President

WRITE-IN

For President

For Vice President

CONGRESSIONAL
UNITED STATES SENATOR
Vote for One

(Name of Candidate) (Party abbreviation) [ ]

(Name of Candidate) (Party abbreviation) [ ]

(And thence other offices under this heading, followed by the headings and offices as prescribed in s. 101.151.)

PROPOSED CONSTITUTIONAL
AMENDMENTS OR OTHER PUBLIC MEASURES
To vote on a constitutional amendment or other public measure, mark a cross (X) in the blank space next to either YES or NO.

No. _____
CONSTITUTIONAL
AMENDMENT
ARTICLE _____, SECTION _____

(Here the wording of the substance of the amendment shall be inserted.)

YES for Approval [ ]

NO for Rejection [ ]

(2) The general election ballot shall be arranged and printed so that the offices of President and Vice President are joined in a single voting space to allow each elector to cast a single vote for the joint candidacies for President and Vice President and so that the offices of Governor and Lieutenant Governor are joined in a single voting space to allow each elector to cast a single vote for the joint candidacies for Governor and Lieutenant Governor.

History.--s. 35, ch. 4328, 1895; GS 220; RGS 265; CGL 321; s. 5, ch. 24994, 1948; s. 4, ch. 25187, 1949; s. 5, ch. 26870, 1951; s. 29, ch. 29934, 1955; s. 2, ch. 57-235; s. 3, ch. 59-334; ss. 10, 35, ch. 69-106; s. 10, ch. 69-281; s. 15, ch. 77-175; s. 7, ch. 81-105; s. 557, ch. 95-147; s. 15, ch. 99-318.

Note.--Former s. 99.19.

101.20 Publication of ballot form; sample ballots.--

(1) Two sample ballots shall be furnished to each polling place by the officer whose duty it is to provide official ballots. The sample ballots shall be in the form of the official ballot as it will appear at that polling place on election day. Sample ballots shall be open to inspection by all electors in any election, and a sufficient number of reduced-size ballots may be furnished to election officials so that one may be given to any elector desiring same.

(2) Upon completion of the list of qualified candidates, a sample ballot shall be published by the supervisor of elections in a newspaper of general circulation in the county, prior to the day of election. If the county has an addressograph or equivalent system for mailing to registered electors, a sample ballot may be mailed to each registered elector or to each household in which there is a registered elector, in lieu of publication, at least 7 days prior to any election.

History.--s. 5, ch. 26870, 1951; s. 8, ch. 57-166; s. 9, ch. 65-380; s. 1, ch. 75-174; s. 16, ch. 77-175.

101.21 Official ballots; number; printing; payment.--

(1) In any county in which voting machines are not used, the supervisor of elections shall determine the actual number of ballots to be printed. The printing and delivery of ballots and cards of instruction shall, in a municipal election, be paid for by the municipality, and in all other elections by the county.

(2) In any county in which voting machines are used, one set of official ballots shall be provided for each machine plus a number of sets equal to 5 percent of the total number of machines; one set shall be inserted or placed in or upon each machine, and the remainder of the sets shall be retained in the custody of the supervisor, unless it shall become necessary during the election to make use of same upon or in the machines.

History.--ss. 29, 37, ch. 4328, 1895; s. 11, ch. 4537, 1897; GS 211, 222; RGS 255, 267; CGL 311, 323; s. 7, ch. 17898, 1937; s. 2, ch. 24088, 1947; s. 7, ch. 25384, 1949; s. 5, ch. 26870, 1951; s. 10, ch. 65-380; s. 1, ch. 69-281; s. 20, ch. 71-355; s. 16, ch. 77-175; s. 34, ch. 79-400; s. 1, ch. 80-292; s. 48, ch. 81-259.

Note.--Former ss. 99.09, 99.21.

101.22 Voting procedure, paper ballots.--Before any paper ballot is delivered to an elector at the polls on election day, one of the inspectors shall affix his or her initials on the line provided on each of the two ballot stubs and the elector shall sign his or her name on the line on the top stub, or, if the elector is unable to write, he or she shall sign his or her mark. The inspector shall compare the signature on the ballot stub with the signature on the elector's registration and, if necessary, require other identification. If the inspector is reasonably sure that the person is entitled to vote, the inspector shall detach and retain the upper stub, and the elector shall go to the booth and mark his or her ballot and, after the elector has marked the ballot, he or she shall fold it so as to leave the stub remaining attached visible so that it can be detached without unfolding. The inspector shall compare it with the stub he or she retained and, if it is the ballot the inspector delivered to the elector, the inspector shall detach and retain the remaining stub, and the elector shall then deposit the folded ballot in the ballot box. But, if the marked ballot returned proves to be a different one from the one delivered to the elector, the inspector shall search the elector, and, if the original ballot is found on the elector's person, the inspector shall take possession of the ballot and discharge the elector from the polling place without permitting him or her to vote. An inspector of elections, where paper ballots are used, is clothed with such police power as is necessary to carry out the provisions of this section.

History.--s. 36, ch. 4328, 1895; GS 221; s. 42, ch. 6469, 1913; RGS 266, 346, 5911; CGL 322, 403, 8175; s. 6, ch. 17898, s. 3, ch. 17901, 1937; s. 6, ch. 25187, s. 4, ch. 25386, 1949; s. 5, ch. 26870, 1951; s. 16, ch. 77-175; s. 35, ch. 79-400; s. 558, ch. 95-147.

Note.--Former ss. 99.20, 102.41.

101.23 Election inspector to keep list of those voting.--

(1) When any person has been admitted to vote, the person's name shall be checked by the clerk or one of the inspectors at the place indicated upon the registration books or voter history form provided by the supervisor. One of the inspectors shall, at the same time, keep a poll list containing names of electors who have voted or a list of registered electors, on which those electors who have voted are indicated. Such lists shall be available for inspection during regular voting hours by poll watchers designated and appointed pursuant to s. 101.131, except that the election inspector may regulate access to the lists so as to ensure that such inspection does not unreasonably interfere with the orderly operation of the polling place.

(2) The inspectors shall prevent any person from voting a second time when they have reason to believe that the person has voted. They shall refuse to allow any person to vote who is not a qualified elector or who has become disqualified to vote in the precinct, and may prevent any elector from consuming more than 5 minutes in voting.

History.--s. 58, ch. 4328, 1895; GS 236; RGS 281; CGL 337; s. 5, ch. 26870, 1951; s. 24, ch. 28156, 1953; s. 11, ch. 65-380; s. 16, ch. 77-175; s. 559, ch. 95-147.

Note.--Former s. 99.37.

101.24 Ballot boxes and ballots.--The supervisor of elections, except where voting machines are used, shall prepare for each polling place one ballot box of sufficient size to contain all the ballots of the particular precinct, and the ballot box shall be plainly marked with the name of the precinct for which it is intended. An additional ballot box, if necessary, may be supplied to any precinct. Before each election, the supervisor shall place in the ballot box or ballot transfer container as many ballots as are required in s. 101.21. After securely sealing the ballot box or ballot transfer container, the supervisor shall send the ballot box or ballot transfer container to the clerk or inspector of election of the precinct in which it is to be used. The clerk or inspector shall be placed under oath or affirmation to perform his or her duties faithfully and without favor or prejudice to any political party.

History.--s. 26, ch. 3879, 1889; RS 180; s. 7, ch. 4328, 1895; s. 7, ch. 4537, 1897; GS 203; RGS 247; CGL 303; s. 1, ch. 17898, 1937; s. 1, ch. 24088, 1947; s. 11, ch. 25035, 1949; s. 1, ch. 25384, 1949; s. 5, ch. 26870, 1951; s. 12, ch. 65-380; s. 16, ch. 77-175; s. 2, ch. 86-200; s. 560, ch. 95-147.

Note.--Former s. 99.02.

101.251 Information which supervisor of elections must print on ballots.--

(1) The supervisor of elections of each county shall print, on the general election ballots to be used in such county, the names of candidates nominated by primary election or special primary elections or selected by the appropriate executive committee of any political party.

(2) In addition to the names printed on the ballot as provided in subsection (1), the supervisor of elections of each county shall have printed on the general election ballot to be used in the county the names of the nonpartisan candidates who are entitled to have their names printed on the ballot, and minor party and candidates with no party affiliation who have obtained a position on the general election ballot in compliance with the requirements of this code.

(3) In addition to the names printed on the ballot, a blank space shall be provided under each heading for an office for which a write-in candidate has qualified.

History.--s. 30, ch. 4328, 1895; s. 10, ch. 4537, 1897; GS 212; RGS 256; s. 1, ch. 9293, 1923; s. 1, ch. 12038, 1927; CGL 312; s. 1, ch. 14657, 1931; s. 7, ch. 22858, 1945; s. 5, ch. 25384, 1949; s. 5, ch. 26329, 1949; s. 3, ch. 26870, 1951; s. 6, ch. 57-166; s. 8, ch. 65-378; s. 5, ch. 67-386; s. 4, ch. 70-269; s. 1, ch. 70-439; s. 16, ch. 77-175; s. 8, ch. 81-105; s. 21, ch. 83-217; s. 16, ch. 99-318; s. 12, ch. 99-326.

Note.--Former ss. 99.10, 99.131.

101.2515 Translation of ballot language.--Upon the request of a supervisor of elections made no later than 60 days prior to the date of a general election, the Department of State shall provide a written translation of a statewide ballot issue in the language of any language minority group specified in the provisions of s. 203 of the Voting Rights Act of 1965, as amended, as applicable to this state.

History.--s. 1, ch. 94-300.

101.252 Candidates entitled to have names printed on certain ballots; exception.--

(1) Any candidate for nomination who has qualified as prescribed by law is entitled to have his or her name printed on the official primary election ballot. However, when there is only one candidate of any political party qualified for an office, the name of the candidate shall not be printed on the primary election ballot, and such candidate shall be declared nominated for the office.

(2) Any candidate for party executive committee member who has qualified as prescribed by law is entitled to have his or her name printed on the first primary ballot. However, when there is only one candidate of any political party qualified for such an office, the name of the candidate shall not be printed on the first primary ballot, and such candidate shall be declared elected to the state or county executive committee.

History.--s. 27, ch. 6469, 1913; RGS 331; CGL 388; s. 3, ch. 26870, 1951; s. 1, ch. 63-99; s. 5, ch. 65-378; s. 16, ch. 77-175; s. 21, ch. 89-338; s. 561, ch. 95-147.

Note.--Former ss. 102.34, 99.041.

101.253 When names not to be printed on ballot.--

(1) No candidate's name, which candidate is required to qualify with a supervisor of elections for any primary or general election, shall be printed on the ballot if such candidate has notified the supervisor of elections in writing, under oath, on or before the 42nd day before the election that the candidate will not accept the nomination or office for which he or she filed qualification papers. The supervisor of elections may, in his or her discretion with the approval of the Department of State, allow such a candidate to withdraw after the 42nd day before an election, upon receipt of written notice, sworn to under oath, that the candidate will not accept the nomination or office for which he or she qualified.

(2) No candidate's name, which candidate is required to qualify with the Department of State for any primary or general election, shall be printed on the ballot if such candidate has notified the Department of State in writing, under oath, on or before the 42nd day before the election that the candidate will not accept the nomination or office for which he or she filed qualification papers. The Department of State may in its discretion allow such a candidate to withdraw after the 42nd day before an election upon receipt of a written notice, sworn to under oath, that the candidate will not accept the nomination or office for which he or she qualified.

(3) In no case shall the supervisor be required to print on the ballot a name which is submitted less than 21 days prior to the election. In the event the ballots are printed 21 days or more prior to the election, the name of any candidate whose death, resignation, removal, or withdrawal created a vacancy in office or nomination shall be stricken from the ballot with a rubber stamp or appropriate printing device, and the name of the new nominee shall be inserted on the ballot in a like manner. The supervisor may, as an alternative, reprint the ballots to include the name of the new nominee.

History.--s. 30, ch. 4328, 1895; s. 10, ch. 4537, 1897; GS 213; RGS 257; CGL 313; s. 6, ch. 25384, 1949; s. 3, ch. 26870, 1951; s. 7, ch. 57-166; s. 1, ch. 61-363; s. 9, ch. 65-378; ss. 10, 35, ch. 69-106; s. 16, ch. 77-175; s. 2, ch. 83-149; s. 3, ch. 86-199; s. 22, ch. 89-338; s. 562, ch. 95-147.

Note.--Former ss. 99.11, 99.141.

101.254 When nominated names to appear in groups or districts.--When an office requires the nomination of more than one candidate, as many groups or districts shall be numerically designated as there are vacancies to be filled by nomination. Each candidate shall indicate on his or her qualifying papers the group or district in which the candidate desires his or her name to appear on the ballot. In addition, any candidate qualifying by the petition method must indicate on his or her petition prior to circulating such petition, which group or district for which the candidate is attempting to qualify.

History.--s. 52, ch. 6469, 1913; s. 8, ch. 6874, 1915; RGS 356; CGL 413; s. 3, ch. 26870, 1951; s. 6, ch. 65-378; s. 16, ch. 77-175; s. 23, ch. 89-338; s. 563, ch. 95-147.

Note.--Former ss. 102.49, 99.051.

101.27 Voting machine ballots.--

(1) All ballots for voting machines shall be printed on strips of white cardboard, paper, or other material of such size as will fill the ballot frames of the machine, in plain black type as large as the space will permit, so as to show the name of the candidate, statement of the proposed constitutional amendment, or other question or proposition submitted to the electorate at any election.

(2) The captions on the ballots for voting machines shall be placed so as to indicate to the elector what push knob, key, lever, or other device is used or operated in order to cast his or her vote for or against a candidate, proposed constitutional amendment, or other question or proposition submitted to the electorate at any election.

(3) The order in which the voting machine ballot is arranged shall as nearly as practicable conform to the requirements of the form of the paper ballot for that election. The names of the unopposed candidates shall not appear on the general election ballot; each unopposed candidate shall be deemed to have voted for himself or herself. If two or more write-in candidates are seeking election for one office, only one blank space shall be provided.

(4) If the official ballot is longer than the voting machine can accommodate, paper ballots may be used in conjunction with a voting machine, in which case the order of the offices on the voting machine ballot shall be the same as prescribed in ss. 101.141(4) and 101.151(3). Where the machine ballot is filled in this order, there shall be a continuation of the ballot in the same order on paper ballots, except that no state or federal opposed officer shall be placed upon a paper ballot. In any primary election, if the official ballot is longer than the voting machine can accommodate, paper ballots may be used in conjunction with a voting machine, in which case the order of the offices on the voting machine ballot shall be the same as prescribed in s. 101.141(4), except that no portion of a category of candidates as established in s. 101.141(4) shall be divided between the voting machine ballot and the paper ballot. In the event a category of candidates must be removed from the voting machine ballot because of the foregoing provision, the supervisor of elections in such county may complete the balance of the voting machine ballot with some whole portion of another category of candidates out of its proper sequence, except that no state or federal office shall be placed upon a paper ballot.

(5) In all primary elections, supervisors of elections may print voting machine ballots in shaded colors to group and identify the number of candidates in any or all races. Colors shall be light or pastel with candidates' names overprinted in plain black type. In no case shall any particular color or pattern of colors be used to identify any political party in the general election.

(6) Should the above directions for the complete preparation of the ballot be insufficient, the Department of State shall determine and prescribe any additional matter or form in which the ballot may be printed.

History.--s. 1, ch. 13893, 1929; CGL 1936 Supp. 337(1); s. 1, ch. 18405, 1937; s. 5, ch. 26870, 1951; s. 13, ch. 65-380; ss. 10, 35, ch. 69-106; s. 1, ch. 71-266; s. 1, ch. 73-75; s. 1, ch. 74-129; s. 16, ch. 77-175; s. 36, ch. 79-400; s. 9, ch. 81-105; s. 12, ch. 81-304; s. 564, ch. 95-147.

Note.--Former s. 100.01.

101.28 Requirements for voting machines.--All voting machines purchased for use in this state shall meet the following minimum requirements:

(1) Each voting machine shall:

(a) Secure to the elector secrecy in the act of voting.

(b) Provide facilities for voting for or against as many questions as may be submitted.

(d) Permit the elector to vote for as many persons for an office as the elector is lawfully entitled to vote for, but no more.

(e) Prevent the elector from voting for the same person more than once for the same office.

(f) Permit the elector to vote for or against any question the elector may have the right to vote upon, but no other.

(g) Be so equipped that, when used in primary elections, the election officials can, by a single adjustment on the outside of the machine, lock out all races and questions except those in which the elector is entitled to vote.

(h) Correctly register or record, and accurately count, all votes cast for any and all persons and for or against any and all questions.

(i) Be provided with a "protective counter" or "protective device" whereby any operation of the machine before or after the election will be detected.

(j) Be provided with a counter which shall show at all times during any election how many persons have voted.

(k) Be provided with one device per machine for each party for voting for all presidential electors of that party by one operation (in connection with which there shall be provided on the ballot the words "Electors for President and Vice President" followed by the name of the party and thereafter by the names of the candidates thereof for the offices of President and Vice President) and a registering device which shall register the votes cast for such electors thus voted for collectively, as contemplated by s. 103.011.

(2) Each voting machine shall be furnished with an electric light, or a proper substitute for one, which will give sufficient light to enable electors while voting to read the ballots.

(3) Each voting machine used in any election shall be provided with a screen, hood, or curtain which shall be so made and adjusted as to conceal the elector and the elector's action while voting.

(4) Voting machines may be provided with a device or devices which will print a copy or copies of the count shown on the candidate and question counters, as registered both before the polls open and after the polls close.

History.--s. 2, ch. 13893, 1929; CGL 1936 Supp. 337(2); s. 5, ch. 26870, 1951; s. 25, ch. 28156, 1953; s. 14, ch. 65-380; s. 1, ch. 72-303; s. 16, ch. 73-156; s. 16, ch. 77-175; s. 3, ch. 84-302; s. 565, ch. 95-147.

Note.--Former s. 100.02.

101.29 Providing machines; payment for same.--The authorities adopting the use of voting machines shall, as soon as practicable, provide for each polling place one or more voting machines in complete working order, and the authorities in charge of elections shall preserve and keep such machines repaired and have custody of same when not in use at any election. If it is impracticable to supply each election district with voting machines at any election, as many may be supplied as it is practicable to procure, and these may be used in the districts as the officers adopting the machine may direct. The board of county commissioners or the municipal authorities, on the adoption and rental or purchase of voting machines, shall provide for the payment for such machines.

History.--ss. 5, 6, ch. 13893, 1929; CGL 1936 Supp. 337(5),(6); s. 5, ch. 26870, 1951; s. 16, ch. 77-175.

Note.--Former ss. 100.05, 100.06.

101.292 Definitions; ss. 101.292-101.295.--As used in ss. 101.292-101.295, the following terms shall have the following meanings:

(1) "Governing body" means the board of county commissioners of a county or any other governing body empowered by general or special act or local ordinance to purchase or sell voting equipment.

(2) "Voting equipment" means new or used voting machines and materials, parts, or other equipment necessary for the maintenance or improvement of voting machines, the individual or combined retail value of which is in excess of the threshold amount for CATEGORY TWO purchases provided in s. 287.017. The term "voting equipment" also includes electronic or electromechanical voting systems, voting devices, and automatic tabulating equipment as defined in s. 101.5603, as well as materials, parts, or other equipment necessary for the operation and maintenance of such systems and devices.

(3) "Purchase" means a contract for the purchase, lease, rental, or other acquisition of voting equipment.

History.--s. 2, ch. 72-303; s. 17, ch. 73-156; s. 16, ch. 77-175; s. 4, ch. 84-302; s. 5, ch. 89-348; s. 32, ch. 90-268.

101.293 Competitive sealed bids and proposals required.--

(1) Any purchase of voting equipment, the individual or combined retail value of which is in excess of the threshold amount for CATEGORY TWO purchases provided in s. 287.017, by a governing body shall be by means of competitive sealed bids or competitive sealed proposals from at least two bidders, except under the following conditions:

(a) If a majority of the governing body agrees by vote that an emergency situation exists in regard to the purchase of such equipment to the extent that the potential benefits derived from competitive sealed bids or competitive sealed proposals are outweighed by the detrimental effects of a delay in the acquisition of such equipment; or

(b) If a majority of the governing body finds that there is but a single source from which suitable equipment may be obtained.

If such conditions are found to exist, the chair of the governing body shall certify to the Division of Elections the situation and conditions requiring an exception to the competitive sealed bidding and competitive sealed proposal requirements of this section. Such certification shall be maintained on file by the division.

(2) The Division of Elections of the Department of State shall establish bidding procedures for carrying out the provisions and the intent of ss. 101.292-101.295, and each governing body shall follow the procedures so established.

History.--s. 2, ch. 72-303; s. 18, ch. 73-156; s. 38, ch. 73-333; s. 16, ch. 77-175; s. 5, ch. 84-302; s. 6, ch. 89-348; s. 1, ch. 90-268; s. 566, ch. 95-147.

101.294 Purchase and sale of voting equipment.--

(1) The Division of Elections of the Department of State shall adopt uniform rules for the purchase, use, and sale of voting equipment in the state. No governing body shall purchase or cause to be purchased any voting equipment unless such equipment has been certified for use in this state by the Department of State.

(2) Any governing body contemplating the purchase or sale of voting equipment shall notify the Division of Elections of such considerations. The division shall attempt to coordinate the sale of excess or outmoded equipment by one county with purchases of necessary equipment by other counties.

(3) The division shall inform the governing bodies of the various counties of the state of the availability of new or used voting equipment and of sources available for obtaining such equipment.

History.--s. 2, ch. 72-303; s. 19, ch. 73-156; s. 17, ch. 77-175; s. 6, ch. 84-302.

101.295 Penalties for violation.--Any member of a governing body which purchases or sells voting equipment in violation of the provisions of ss. 101.292-101.295, which member knowingly votes to purchase or sell voting equipment in violation of the provisions of ss. 101.292-101.295, is guilty of a misdemeanor of the first degree, punishable as provided by s. 775.082 or s. 775.083, and shall be subject to suspension from office on the grounds of malfeasance.

History.--s. 2, ch. 72-303; s. 18, ch. 77-175.

101.32 Adoption of voting machines; powers incident to adoption.--

(1) The board of county commissioners or the governing body of a municipality may, if it so elects, submit to the electors of a county or municipality at a general or special election the question of whether it shall adopt voting machines; however, no special election shall be called for the sole purpose of determining this question.

(2) If a majority of the electors approve of same, the board of county commissioners of the county or governing body of the municipality shall adopt for use at elections any kind of voting machine that meets the requirements set forth in s. 101.28, and the machines shall be used at any and all elections held in the county or municipality or any part thereof for voting, registering, and counting votes cast at any election; except that the board of county commissioners or governing body of the municipality may purchase, install, and use not to exceed five voting machines for experimenting with same in districts or precincts without submission of the question to the electors of the county or municipality. Voting machines may be adopted for use in different districts in the same county or municipality.

(3) The provisions of this section relating to the submission of a question to the public with respect to the adoption of voting machines shall be construed as permissive.

(4) In every case in which the governing body of any municipality shall adopt and use at any precinct any voting machine, the governing body may do anything necessary which it deems to be requisite to a fair, honest, and satisfactory use of the machines.

History.--ss. 3, 28, ch. 13893, 1929; CGL 1936 Supp. 337(3), (27); s. 2, ch. 18405, 1937; s. 5, ch. 26870, 1951; s. 1, ch. 59-116; s. 18, ch. 77-175.

Note.--Former ss. 100.03, 100.32.

101.33 Number of electors for each machine.--In any county in which voting machines are used, the board of county commissioners shall provide at least one voting machine for each 400 registered electors in the county, except that in any county in which 25 percent or more of the registered electors are 60 years of age or older, the board of county commissioners shall provide at least one machine for each 350 registered electors. The supervisor of elections shall determine the actual number of machines to be used in each precinct at each election. In determining the number of machines to be used in each precinct, the supervisor shall take into consideration the traditional voting patterns of such precinct and shall furnish the number of machines necessary to handle efficiently the number of anticipated voters in the precinct.

History.--s. 14, ch. 13893, 1929; CGL 1936 Supp. 337(14); s. 5, ch. 18405, 1937; s. 5, ch. 26870, 1951; s. 15, ch. 65-380; s. 2, ch. 69-281; s. 1, ch. 69-1744; s. 18, ch. 77-175.

Note.--Former s. 100.14.

101.34 Custody of voting machines.--The supervisor of elections shall be the custodian of voting machines in the county using them, and he or she shall appoint deputies necessary to prepare and supervise the machines prior to and during elections. The compensation for such deputies shall be paid by the supervisor of elections.

History.--s. 3A, ch. 22018, 1943; s. 4, ch. 24089, 1947; s. 5, ch. 26870, 1951; s. 16, ch. 65-380; s. 18, ch. 77-175; s. 3, ch. 80-20; s. 567, ch. 95-147.

Note.--Former s. 100.42.

101.341 Prohibited activities by voting machine custodians and deputy custodians.--

(1) No voting machine custodian or deputy custodian or other employee of the supervisor of elections, which employee's duties are primarily involved with the preparation, maintenance, or repair of voting equipment, shall accept employment or any form of consideration from any person or business entity involved in the purchase, repair, or sale of voting equipment unless such employment has the prior written approval of the supervisor of elections of the county by which such person is employed.

(2) Any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided by s. 775.082 or s. 775.083. Such person shall also be subject to immediate discharge from his or her position.

History.--s. 3, ch. 72-303; s. 4, ch. 80-20; s. 568, ch. 95-147.

101.35 Preparation of voting machines; notice of sealing and preelection test.--

(1) Where a voting machine is used, it shall be in proper order for use at any election at the polling place before the time fixed for opening of the polls, and the counters shall be set at zero. The supervisor shall appoint one or more deputies, to be known as "deputy custodians of voting machines," who shall be competent, thoroughly instructed, and sworn to perform their duties honestly and faithfully; they shall be instructed by the supervisor at least 30 days before the election and shall be considered as officers of election.

(2) The supervisor of elections or the municipal elections official may at the time of qualifying give written notice of the time and location of the preelection test of the voting equipment to each candidate qualifying with that office and obtain a signed receipt that such notice has been given. The supervisor of elections or the municipal elections official shall, at least 15 days prior to an election, insert a legal notice in a newspaper of general circulation in the county and, by certified mail, send written notice to the county party chair of each political party and to all candidates for other than statewide office whose names appear on the ballot in the county and who did not receive written notification from the supervisor or municipal elections official at the time of qualifying, stating the time and place where the machines will be sealed and available for testing. If the election is to be a municipal, bond, or referendum election, or if there is no county party chair, the certified notice shall be sent to the chair of a local organization representing each opposing side.

(3) The Department of State shall give written notice to each statewide candidate at the time of qualifying, or immediately at the end of qualifying, that the voting equipment will be available for testing in each county and advising each such candidate to contact the county supervisor of elections as to the time and location of the pretest.

(4) At the time stated in the notice, representatives of each political party or opposing side and each candidate or his or her representatives may test the voting machines pursuant to this subsection to see that the machines are in proper condition and working order. Each such representative shall have written authorization from the candidate, group, or party that he or she represents and shall not interfere with, or assume any of, the deputy custodian's duties. All candidates and representatives who wish to test the machines shall appear at the place and time stated by the supervisor or municipal elections official. All such persons, by drawing lots, shall appoint one person who shall randomly select up to 5 percent of the voting machines in the county to be used in the election, or 10 of those machines, whichever is greater. The candidates and representatives may test all of the selected machines by recording and verifying test votes until satisfied. If any of the selected machines is unsatisfactory, the supervisor shall allow the candidates or representatives to test such additional number of machines as is prescribed by the rules adopted by the Division of Elections. In addition, any such representative or candidate may otherwise check all the voting machines to make sure all the counters are set at zero and the ballots are in proper order.

(5) At the completion of this inspection and testing, the machines shall be sealed immediately; and any authorized representative may remain present and record the voting machine numbers, the protective counter numbers, and the seal numbers. The representative shall certify the number of machines and that the counters are set at zero and the numbers registered on the protective counters and on the seals. Upon completion of sealing the voting machines, the keys shall be delivered to the board of officials having charge of the election, together with a written report stating that such machines are properly prepared for the election. The machines shall be transferred to the polling place, and the local authorities shall provide protection against molestation or damage to such machines. The lantern or light fixtures shall be in good order before opening the polls. Any unsatisfactory machine shall be repaired, sealed, and made available for retesting, in accordance with the rules adopted by the Division of Elections, before it may be transferred to the polling place.

(6) The Division of Elections shall adopt rules in furtherance of the purpose of this section and may amend such rules as may be necessary.

History.--ss. 10, 11, ch. 13893, 1929; CGL 1936 Supp. 337(10), (11); s. 4, ch. 18405, 1937; s. 1, ch. 24089, 1947; s. 11, ch. 25035, 1949; s. 5, ch. 26870, 1951; s. 19, ch. 29934, 1955; s. 17, ch. 65-380; s. 1, ch. 67-189; s. 1, ch. 75-174; s. 18, ch. 77-175; s. 1, ch. 81-29; s. 22, ch. 83-217; s. 569, ch. 95-147.

Note.--Former ss. 100.10, 100.11.

101.36 Voting machines or electronic or electromechanical voting; when used.--In counties that have adopted voting machines or electronic or electromechanical voting, the machines or voting devices shall be so arranged as to require individual voting for all offices. The order in which the ballot is arranged shall as nearly as practicable conform to the requirements of the form of the paper ballot. The voting machines or devices shall be used by the counties in all general, primary, and special elections. In counties above 260,000 population, according to the latest federal census, which have adopted the use of voting machines or electronic or electromechanical voting, it shall be mandatory for all municipalities in such counties to use such voting machines or devices in all elections, but in all counties of lesser population it shall be optional with each municipality as to whether it shall use ballots or voting machines or devices in its elections. Authority is hereby granted to the board of county commissioners of any county that has adopted voting machines or electronic or electromechanical voting to permit municipalities within the county to use county-owned voting machines or devices and to permit public agencies, private organizations, and others to use such machines or devices on a rental basis, upon such terms and conditions as the board may determine.

History.--s. 12, ch. 18405, 1937; CGL 1940 Supp. 337(28-a); s. 3B, ch. 22018, 1943; s. 6, ch. 24994, 1948; s. 5, ch. 25187, 1949; s. 5, ch. 26870, 1951; s. 1, ch. 28101, 1953; s. 4, ch. 29937, 1955; s. 1, ch. 61-481; s. 1, ch. 75-60; s. 18, ch. 77-175.

Note.--Former ss. 99.191, 100.30, 100.43.

101.37 Location of voting machines.--At all elections where voting machines are used, the arrangement of the polling room shall be as follows: The exterior of the voting machine and every part of the polling room shall be in plain view of the election officers; the voting machine shall be placed at least 1 foot from every wall or partition of the polling room and at least 4 feet from any table where any of the election officers may be engaged or seated. The voting machine shall be so placed that the ballots on the face of the machine can be plainly seen by the election officers and the party watchers when not in use by electors. The election officers shall not themselves be, or permit any other person to be in any position or near any position that will permit one to see or ascertain how an elector votes, or how an elector has voted. The election officer attending the machine shall inspect the face of the machine after each elector has cast his or her vote, to see that the ballots on the face of the machine are in proper places and that the machine has not been injured. During elections the door or other covering of the counter compartment of the machine shall not be unlocked or open, or the counters exposed except for good and sufficient reasons, a statement of which shall be made and signed by the election officers and shall be sent with the returns.

History.--s. 19, ch. 13893, 1929; CGL 1936 Supp. 337(19); s. 5, ch. 26870, 1951; s. 570, ch. 95-147.

Note.--Former s. 100.19.

101.38 Disposition of voting machine keys immediately following an election.--The keys of the machine shall be enclosed in an envelope supplied by the custodian on which shall be written the number of the machine and the district where it has been used, which envelope shall be securely sealed and endorsed by the election officers and returned to the officer from whom the keys were received. The number on the seal and the number registered on the protective counter shall be written on the envelope containing the keys. All keys for voting machines shall be kept securely locked by officials having them in charge. It shall be unlawful for any unauthorized person to have in his or her possession any key of any voting machine, and all election officers or persons entrusted with the keys for election purposes, education, or display purposes, or in the preparation of the machines, shall not retain them longer than necessary to use them for such purposes. All machines shall be stored in a suitable place as soon as possible after the election.

History.--s. 25, ch. 13893, 1929; CGL 1936 Supp. 337(25); s. 5, ch. 26870, 1951; s. 18, ch. 65-380; s. 18, ch. 77-175; s. 571, ch. 95-147.

Note.--Former s. 100.27.

101.39 Voting machines, sealing curtains.--Curtains on all voting machines shall be securely sealed or fastened before being used in any election so that the clearance lever can not be operated without opening or closing curtains. And no voting machine, while in use, shall be concealed in any voting place, so as to hide or obscure the machine from public view.

History.--s. 3C, ch. 22018, 1943; s. 5, ch. 26870, 1951.

Note.--Former s. 100.44.

101.40 Voting machine out of order.--In case any voting machine used in any precinct shall, during the time the polls are open, become inoperable, the election board shall substitute an operable machine, if possible, and, at the close of the polls, the records of votes shown on the counters of both machines shall be added together in ascertaining the results of the election. If no other machine can be prepared for use at the election, and the inoperable machine cannot be repaired in time for use, unofficial ballots made as nearly as possible like the official ballots may be used, received by election officers, and placed in a receptacle, in such case to be provided by said officers, and counted with votes registered on the voting machines, and the result shall be declared the same as though no machine had become inoperable. The ballots thus voted shall be preserved and returned with a certificate or statement setting forth how and why same were voted.

History.--s. 16, ch. 13893, 1929; CGL 1936 Supp. 337(16); s. 6, ch. 18405, 1937; s. 5, ch. 26870, 1951; s. 18, ch. 77-175.

Note.--Former s. 100.16.

101.43 Substitute ballot.--When voting machines are used and the required official ballots for a precinct are not delivered in time to be used on election day, or after delivery, are lost, destroyed or stolen, the clerk or other officials whose duty it is to provide ballots for use at such election, in lieu of the official ballots, shall have substitute ballots prepared, conforming as nearly as possible to the official ballots, and the board of election shall substitute these ballots to be used in the same manner as the official ballots would have been used at the election.

History.--s. 15, ch. 13893, 1929; CGL 1936 Supp. 337(15); s. 5, ch. 26870, 1951.

Note.--Former s. 100.15.

101.445 Write-in ballots.--In counties in which voting machines are used, write-in ballots shall be deposited, written, or affixed in or upon the receptacle or device provided for that purpose. Each write-in ballot shall be cast in its appropriate place on the machine or it is void and shall not be counted. When a write-in ballot is cast, it shall not be necessary to use the (X) mark.

History.--s. 10, ch. 81-105.

101.45 Election board opening polls.--

(1) The election board of each precinct shall attend the polling place by 6 a.m. of the day of the election and shall arrange the furniture, stationery, and voting machines. The keys to the machines shall be delivered to the election officers by 6 a.m. of the day of the election in a sealed envelope on which shall be written or printed the number and location of the machine, the number of the seal, and the number registered on the protective counter or device, as reported by the custodian. The said envelope shall not be opened until at least one member of the board from each of two political parties is present and shall have examined the envelope to see that same has not been opened. Before opening the envelope, the election officers present shall examine the number on the seal on the machine, also the number registered on the protective counter, and see if they are the same as the number written on the envelope. If they are not the same, the custodian or an authorized person must be present when the machine is opened to reexamine such machine and certify that it is properly arranged. If the numbers are found to agree with those on the envelope, the election officer shall proceed to open the doors concealing the counters and each officer shall carefully examine every counter and see that it registers zero, and same is subject to the inspection of official watchers. The machine shall remain locked against voting until the polls are opened, and only electors shall operate same.

(2) If any counter is found not to register at zero, the board of election shall immediately notify the custodian, who shall adjust such counters at zero, but if it is impracticable for the custodian to arrive in time to adjust such counters, the election officers shall immediately make a written statement of the designating letter and number of such counter, together with the number registered thereon, and shall sign and post same upon the wall of the polling room, and it shall remain throughout election day. In filling out the statement of canvass, they shall subtract such number from the total then registered thereon.

(3) If the machine is equipped with a device or devices which produce a printed record of the register shown on the candidate and amendment counters, the board of elections of each precinct shall take the necessary steps to secure such printed record from each machine. In the event any counter is found not to register at zero, and if, upon notification, it is impracticable for the custodian to arrive in time to adjust such counter, the board of elections shall post the printed record from such machine in a conspicuous place in such precinct. In filling out the statement of canvass, they shall subtract such number from the total then registered thereon.

History.--s. 17, ch. 13893, 1929; CGL 1936 Supp. 337(17); s. 5, ch. 26870, 1951; s. 21, ch. 65-380; s. 3, ch. 69-281; s. 18, ch. 77-175.

Note.--Former s. 100.17.

101.46 Instruction to electors before election.--The authorities in charge of elections, where voting machines are used, shall designate suitable and adequate times and places for giving instructions to electors who apply, and the machines shall contain a sample ballot showing the title of offices to be filled, and, so far as practicable, the names of candidates to be voted on at the next election. No voting machine which is to be assigned for use in an election shall be used for instruction after having been prepared and sealed for the election. During the public exhibition of any voting machine for any instruction, the counting mechanism shall be concealed, but the doors may be temporarily opened when authorized by the supervisor of elections.

History.--s. 12, ch. 13893, 1929; CGL 1936 Supp. 337(12); s. 5, ch. 26870, 1951; s. 18, ch. 77-175.

Note.--Former s. 100.12.

101.47 Requirements before elector enters voting machine booth.--

(1) Whenever voting machines are used, each elector desiring to vote shall identify himself or herself to the clerk or an inspector of the election as a duly qualified elector at such election by signing his or her signature, in ink or indelible pencil, to an identification blank or slip which is in substantially the form provided by this code.

(2) The clerk or inspector shall compare the signature with the signature of the elector upon the registration books, and, if satisfied that the signature is the same, the clerk or inspector then shall initial the slip in the place provided and the initials shall constitute an oath or affirmation of the fact stated by the clerk or inspector above his or her initials.

(3) The supervisor shall supply sufficient containers for each precinct, each container to be securely sealed. Each container shall have a slot large enough to receive the identification slips. Before the polls open, the clerk, in the presence of all inspectors and the public, shall open the container and ascertain that it is empty and, while empty, shall securely seal same, leaving a slot open without breaking or removing the seal; and the clerk or inspectors shall sign their names upon the seal. Printed forms of seals shall be furnished with each container, containing a statement over the place for the signature that the container was opened, emptied, and sealed while empty before the polls were opened; the signing of the certificate shall constitute the clerk's or inspector's certificate to the facts.

(4) No person shall be admitted to a voting machine unless the person presents to the clerk or inspector an identification slip as provided in subsections (1) and (2).

(5) Before the elector enters a voting machine he or she shall deliver his or her identification slip duly signed to the clerk or inspector operating the machine. The clerk or inspector shall also initial the slip, and his or her initials shall constitute an oath or affirmation as to the printed facts set forth above his or her initials; then the clerk or inspector shall deposit the slip through the slot in the locked or sealed container.

(6) The identification slip, when signed by any person as an elector and initialed by the clerk or inspector comparing the person's signature and by the clerk or inspector admitting the person to the voting machine and depositing slip in the container, shall be prima facie evidence that the person whose name appears thereon as an elector was admitted to the voting machine and that the person voted.

(7) The clerk and inspectors shall return all unused signature identification blanks to the supervisor immediately on the closing of the polls and shall seal the slot of the container with a seal signed by all the election officials in that precinct, and the clerk shall deliver same to the supervisor. The supervisor shall destroy all unused signature identification slips as soon as practicable.

(8) The identification slip shall be in substantially the following form:

No. _____

SIGNATURE IDENTIFICATION SLIP_____ ELECTION

Held in _____ County, Florida, on the _____ day of _____, A. D. (year) .

I affix my signature hereto in the place and at the time of voting for the purpose of identifying myself as a duly registered and qualified voter in this election.

(Signature of voter)

I hereby certify that the foregoing signature was signed in my presence during voting hours at this voting precinct and by me compared with that on the registration books and approved for voting in precinct No. _____.

(Initials of clerk or inspector)

I hereby certify that I admitted the person who signed this identification slip to the voting machine; that said voter was personally known to me, or told me that he or she signed it; and that the number of the voting machine is _____.

(Initials of official operating machine)

(9) The supervisor of elections shall prepare and deliver to each precinct the same number of signature identification slips as there are qualified electors for such precinct. In being prepared, the slips shall either be numbered consecutively beginning with number (1) and continued to such number as there are qualified electors for the county or be uniquely numbered for each elector. In preparing the identification slips, the appropriate information to designate the date, name of county, and kind of election (general, special, or primary) shall be printed in at the appropriate blank spaces appearing in the form. The supervisor shall preserve for 1 year a record in his or her office showing the number of signature identification slips which he or she delivered to each precinct, designating on such record the precinct number and address and numbers of slips so delivered.

(10) Any certificate signed by any clerk or inspector of any election certifying to the result of the election in or for any precinct is admissible in evidence in the trial of any cause, either civil or criminal, in any court in the state and, when admitted, shall constitute prima facie evidence that it was signed by the persons whose names are signed thereto and conclusive proof that any person who signed the certificate as clerk or inspector of election was duly appointed and qualified to act throughout the election and in the capacity indicated upon said certificate, unless the contrary is disclosed thereby.

(11) The identification slips and all other election materials required to be delivered to each precinct shall be delivered by enclosing and locking same in the voting machine or a sealed container, along with an itemized list with a receipt in the form: "I hereby certify that I have checked the items listed hereon and acknowledge receipt thereof," which receipt shall be signed by the clerk of the precinct and deposited in the container provided for identification slips.

(12) It shall be unlawful for any person, other than the printer while printing and delivering the slips to the supervisor of elections, the supervisor and the supervisor's agents in placing the slips in the voting machine or a sealed container for delivery to the voting precincts, the clerks and inspectors, and qualified electors while acting inside of polling places during the election, to have in his or her possession any signature identification slip or other slip containing the same or substantially the same wording as the signature identification slip; and it shall be unlawful for any person or official to deliver any official slip or other slip containing the same or substantially the same wording as the signature identification slip to any person other than as provided in this section.

(13) All signature identification slips where voting machines are used shall be preserved by the clerk and inspectors of election, but, in those instances where an affidavit has been made in addition to the identification slip, such affidavits and slips bearing the signature of the same persons shall be placed together in a separate envelope and kept separate from the remaining slips. All such slips and affidavits preserved shall be returned to the supervisor whose duty it is to preserve them for at least 1 year.

History.--s. 1, ch. 18407, 1937; CGL 1940 Supp. 337(28-c); s. 1, ch. 22018, 1943; s. 3, ch. 24089, 1947; s. 5, ch. 26870, 1951; s. 29, ch. 28156, 1953; s. 22, ch. 65-380; s. 1, ch. 67-41; ss. 1, 2, ch. 70-105; s. 18, ch. 77-175; s. 37, ch. 79-400; s. 572, ch. 95-147; s. 10, ch. 99-6.

Note.--Former s. 100.34.

101.49 Procedure of election officers where signatures differ.--

(1) Whenever any clerk or inspector, upon a just comparison of the signature, shall doubt that the handwriting affixed to a signature identification slip of any elector who presents himself or herself at the polls to vote is the same as the signature of the elector affixed in the registration book, the clerk or inspector shall deliver to the person an affidavit which shall be in substantially the following form:

STATE OF FLORIDA,
COUNTY OF _____.

I do solemnly swear (or affirm) that my name is _____; that I am _____ years old; that I was born in the State of _____; that I am registered to vote, and at the time I registered I resided on _____ Street, in the municipality of _____, County of _____, State of Florida; that I am a qualified voter of the county and state aforesaid and have not voted in this election.

(Signature of voter)

Sworn to and subscribed before me this _____ day of _____, A. D. (year) .

(Clerk or inspector of election)

Precinct No. _____.

County of _____.

(2) The person shall fill out, in his or her own handwriting or with assistance from a member of the election board, the form and make an affidavit to the facts stated in the filled-in form; such affidavit shall then be sworn to and subscribed before one of the inspectors or clerks of the election who is authorized to administer the oath. Whenever the affidavit is made and filed with the clerk or inspector, the person shall then be admitted to the voting machine to cast his or her vote, but if the person fails or refuses to make out or file such affidavit, then he or she shall not be permitted to vote.

History.--s. 2, ch. 18407, 1937; CGL 1940 Supp. 337(28-d); s. 2, ch. 22018, 1943; s. 5, ch. 26870, 1951; s. 18, ch. 77-175; s. 573, ch. 95-147; s. 11, ch. 99-6.

Note.--Former s. 100.35.

101.51 Electors to occupy booth alone; time allowed.--

(1) When the elector presents himself or herself to vote, the election official shall ascertain whether the elector's name is upon the register of electors, and, if the elector's name appears and no challenge interposes, or, if interposed, be not sustained, one of the election officials stationed at the entrance shall announce the name of the elector and permit him or her to enter the booth or compartment to cast his or her vote, allowing only one elector at a time to pass through to vote. No elector, while casting his or her ballot, shall occupy a booth or compartment longer than 5 minutes or be allowed to occupy a booth or compartment already occupied or to speak with anyone, except as provided by s. 101.051, while in the polling place.

(2) If an elector requires longer than 5 minutes, then upon a sufficient reason he or she may be granted a longer period of time by the election officials in charge. After casting his or her vote, the elector shall at once leave the polling room by the exit opening and shall not be permitted to reenter on any pretext whatever. After the elector has voted, or declined or failed to vote within 5 minutes, he or she shall immediately withdraw from the polling place. If the elector refuses to leave after the lapse of 5 minutes, he or she shall be removed by the election officials.

History.--ss. 44, 45, ch. 4328, 1895; GS 228, 229; RGS 273, 274; CGL 329, 330; s. 20, ch. 13893, 1929; 1936 Supp. 337(20); s. 5, ch. 26870, 1951; s. 25, ch. 65-380; s. 18, ch. 77-175; s. 574, ch. 95-147.

Note.--Former ss. 99.27, 99.28, 100.20.

101.54 Tabulation of vote and proclamation of results, where voting machine used.--

(1) As soon as the polls are closed, the inspectors of election shall immediately lock and seal the voting machines against voting. The inspectors then shall sign a certificate stating: that the machines have been locked against voting and sealed; the number of electors as shown on the public counters; the number on the seal; the number registered on the protective counter, if one is provided; and that the voting machines are closed and locked. The inspectors then shall open the counting compartments in the presence of the watchers and all other persons who may be lawfully within the polling place, giving full view of all the counter numbers. The clerk of the board of elections shall then read and announce in distinct tones the designating number and letter on each counter for each candidate's name and the results as shown by the counter numbers; the clerk shall then read, announce, and record the votes cast for each write-in candidate who has qualified. The clerk shall also read and announce the vote on each constitutional amendment, proposition, or other question. The results shall be announced four times by the following procedure. While the clerk is announcing the results, one inspector shall stand by his or her side and check the clerk's announcements. The vote as registered shall be entered on the certificate of returns by two inspectors of different political affiliation, whenever practicable, but not including the clerk, in the same order on the space which has the same designating number and letter, after which the figures shall be verified by being called off from the counters of the machine by the inspector standing near the clerk. While the inspector is announcing the results, the clerk shall stand by his or her side and check the inspector's announcement. After the results are announced by the clerk and the inspector, they shall exchange positions with the two inspectors who are tabulating the results. The same procedure as used by the clerk and inspector shall again be followed by the two inspectors in announcing the results. The tabulation shall then be filled out, which shall show the total number of votes cast for each candidate, as shown on the candidate's counter, and the number of votes for persons not nominated or elected. The counter compartment of the voting machine shall remain open until the official returns and all other reports have been fully completed and verified by the board of elections. Any candidate or duly accredited watcher who may desire to be present shall be admitted to the polling place from the closing of the polls until count and tabulation are complete. The proclamation of the result of the votes cast shall be deliberately announced in a distinct voice by the clerk who shall read the name of each candidate, with the designating number and letter of the candidate's counter and the vote registered on such counter and also the vote cast for and against each question submitted. During each proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine, and any necessary corrections shall immediately be made by the board, after which the doors of the voting machine shall be closed and locked. Before adjourning, the board shall, with the seal provided therefor, so seal the operating lever of the machines that the voting and counting mechanism will be prevented from operating. The same procedure shall be followed for each machine in the precinct, and a final proclamation shall be made of the total vote received by each candidate. As each vote is read and announced, it shall be recorded on two statements by two other members of the board and, when completed, compared with the numbers on the counters of the machine. If found correct, the result shall be announced by the clerk, and the tabulation of votes, after being duly certified and sworn to, shall be filed as provided for filing election returns.

(2) Write-in ballots, enclosed in a properly sealed package properly endorsed, shall be filed with the original statement of returns. The inspector filing the returns shall deliver to the supervisor the keys of the voting machine, enclosed in a sealed envelope having endorsed thereon a certificate of the inspectors stating the number of the machine or machines, the precinct where it has been used, the number on the seal, and the number on the protective counter, if any.

(3) If the machine is provided with a device or devices which produce a printed record of the votes cast on the candidate and amendment counters, the inspectors of elections shall take the necessary steps to secure such printed record from each machine. Such printed record shall be deemed the official statement or certificate of returns for that machine and shall be properly endorsed, delivered and filed as previously required. If the precinct has more than one machine equipped with a device or devices which produce a printed record of the votes cast on the candidate and amendment counters, the inspectors of elections shall secure such printed record from each machine and shall make a final proclamation of the total votes on the certificate of returns as provided under s. 101.55.

History.--s. 23, ch. 13893, 1929; CGL 1936 Supp. 337(23); s. 7, ch. 18405, 1937; s. 5, ch. 26870, 1951; s. 28, ch. 65-380; s. 19, ch. 77-175; s. 11, ch. 81-105; s. 575, ch. 95-147.

Note.--Former s. 100.23.

101.545 Retention and destruction of certain election materials.--All ballots, forms, and other election materials shall be retained in the custody of the supervisor of elections in accordance with the schedule approved by the ¹Division of Archives and History of the Department of State. All unused ballots, forms, and other election materials may, with the approval of the Department of State, be destroyed by the supervisor after the election for which such ballots, forms, or other election materials were to be used.

History.--s. 20, ch. 77-175.

¹Note.--Redesignated as the Division of Historical Resources by s. 3, ch. 86-163; ch. 86-163 transferred provisions relating to records management to another division.

101.55 Certificate of results.--In precincts where voting machines are used, certificates of results shall be printed to conform with the type of machines used, on a form approved by the Department of State. The designating number and letter on the counter for each candidate shall be printed next to the candidate's name on the certificate of the result. The form of such certificate shall also provide for the entry of the total number of votes cast for each candidate and upon each question. Three of such certificates shall be made in each precinct, of which one shall be sent to the supervisor of the county, another sent to the chair of the county canvassing board, and another publicly posted at the polling place in which the precinct is situated.

History.--s. 8, ch. 18405, 1937; CGL 1940 Supp. 337(23-a); s. 5, ch. 26870, 1951; ss. 10, 35, ch. 69-106; s. 19, ch. 73-334; s. 21, ch. 77-175; s. 576, ch. 95-147.

Note.--Former s. 100.24.

101.56 Locking machine; returning write-in ballots.--The election officers shall, as soon as the count is completed and ascertained, lock the counter compartment of the machine, and it shall so remain for a period of not less than 10 days, unless another election is to be held within 3 weeks, in which event the machine shall remain locked for 5 days, except in either event it may be opened by the canvassing board or by order of a court of competent jurisdiction. Whenever write-in ballots have been cast and counted by the election officers, the election officers shall return such ballots in a secured package labeled "write-in ballots" and file such package with the original statement of the result of the election made by them.

History.--s. 24, ch. 13893, 1929; CGL 1936 Supp. 337(24); s. 10, ch. 18405, 1937; s. 2, ch. 24089, 1947; s. 11, ch. 25035, 1949; s. 5, ch. 26870, 1951; s. 21, ch. 77-175; s. 12, ch. 81-105; s. 23, ch. 83-217.

Note.--Former s. 100.26.

101.5601 Short title.--Sections 101.5601 through 101.5615 shall be known as the "Electronic Voting Systems Act."

History.--s. 1, ch. 73-156.

101.5602 Purpose.--The purpose of this act is to authorize the use of electronic and electromechanical voting systems in which votes are registered electronically or are tabulated on automatic tabulating equipment or data processing equipment.

History.--s. 2, ch. 73-156; s. 21, ch. 77-175; s. 7, ch. 84-302.

101.5603 Definitions relating to Electronic Voting Systems Act.--As used in this act, the term:

(1) "Automatic tabulating equipment" includes apparatus necessary to automatically examine, count, and record votes.

(2) "Ballot" means the card, tape, or other vehicle upon which the elector's choices are recorded.

(3) "Ballot information" means the material containing the names of offices and candidates and the questions to be voted on.

(4) "Electronic or electromechanical voting system" means a system of casting votes by use of voting devices or marking devices and counting ballots by employing automatic tabulating equipment or data processing equipment.

(5) "Marking device" means either an approved apparatus used for the piercing of ballots by the voter or any approved device for marking a ballot with ink or other substance which will enable the ballot to be tabulated by means of automatic tabulating equipment.

(6) "Secrecy envelope" means an opaque device, used for enclosing a marked ballot, which conceals the voter's choices.

(7) "Software" means the programs and routines used to employ and control the capabilities of data processing hardware, including, without limitation, operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer networking programs.

(8) "Voting device" means either an apparatus in which ballots are inserted and used in connection with a marking device for the piercing of ballots by the voter or an apparatus by which votes are registered electronically.

History.--s. 3, ch. 73-156; s. 21, ch. 77-175; s. 8, ch. 84-302; s. 8, ch. 89-348.

101.5604 Adoption of system; procurement of equipment; commercial tabulations.--The board of county commissioners of any county, at any regular meeting or a special meeting called for the purpose, may, upon consultation with the supervisor of elections, adopt, purchase or otherwise procure, and provide for the use of any electronic or electromechanical voting system approved by the Department of State in all or a portion of the election precincts of that county. Thereafter the electronic or electromechanical voting system may be used for voting at all elections for public and party offices and on all measures and for receiving, registering, and counting the votes thereof in such election precincts as the governing body directs. Any such board may contract for the tabulation of votes at a location within the county when there is no suitable tabulating equipment available which is owned by the county.

History.--s. 4, ch. 73-156; s. 21, ch. 77-175.

101.5605 Examination and approval of equipment.--

(1) The Department of State shall publicly examine all makes of electronic or electromechanical voting systems submitted to it and determine whether the systems comply with the requirements of s. 101.5606.

(2)(a) Any person owning or interested in an electronic or electromechanical voting system may submit it to the Department of State for examination. The vote counting segment shall be certified after a satisfactory evaluation testing has been performed according to electronic industry standards. This testing shall include, but is not limited to, testing of all software required for the voting system's operation; the ballot reader; the rote processor, especially in its logic and memory components; the digital printer; the fail-safe operations; the counting center environmental requirements; and the equipment reliability estimate. For the purpose of assisting in examining the system, the department shall employ or contract for services of at least one individual who is expert in one or more fields of data processing, mechanical engineering, and public administration and shall require from the individual a written report of his or her examination.

(b) The person submitting a system for approval or the board of county commissioners of any county seeking approval of a given system shall reimburse the Department of State in an amount equal to the actual costs incurred by the department in examining the system. Such reimbursement shall be made whether or not the system is approved by the department.

(d) The Department of State shall approve or disapprove any voting system submitted to it within 90 days after the date of its initial submission.

(3)(a) Within 30 days after completing the examination and upon approval of any electronic or electromechanical voting system, the Department of State shall make and maintain a report on the system, together with a written or printed description and drawings and photographs clearly identifying the system and the operation thereof. As soon as practicable after such filing, the department shall send a notice of certification and, upon request, a copy of the report to the governing bodies of the respective counties of the state. Any voting system that does not receive the approval of the department shall not be adopted for or used at any election.

(b) After a voting system has been approved by the Department of State, any change or improvement in the system is required to be approved by the department prior to the adoption of such change or improvement by any county. If any such change or improvement does not comply with the requirements of this act, the department shall suspend all sales of the equipment or system in the state until the equipment or system complies with the requirements of this act.

(4) The Department of State may at any time reexamine any system, or any part thereof, which has previously been approved for the purpose of updating the certification of the system.

History.--s. 5, ch. 73-156; s. 21, ch. 77-175; s. 9, ch. 84-302; s. 12, ch. 85-80; s. 9, ch. 89-348; s. 577, ch. 95-147.

101.5606 Requirements for approval of systems.--No electronic or electromechanical voting system shall be approved by the Department of State unless it is so constructed that:

(1) It permits and requires voting in secrecy.

(2) It permits each elector to vote at any election for all persons and offices for whom and for which the elector is lawfully entitled to vote, and no others; to vote for as many persons for an office as the elector is entitled to vote for; and to vote for or against any question upon which the elector is entitled to vote.

(3) The automatic tabulating equipment will be set to reject all votes for any office or measure when the number of votes therefor exceeds the number which the voter is entitled to cast or when the voter is not entitled to cast a vote for the office or measure.

(4) It is capable of correctly counting votes.

(5) It permits each voter at a primary election to vote only for the candidates seeking nomination by the political party in which such voter is registered, for any candidate for nonpartisan office, and for any question upon which the voter is entitled to vote.

(6) At presidential elections it permits each elector, by one operation, to vote for all presidential electors of a party or for all presidential electors of candidates for President and Vice President with no party affiliation.

(7) It provides a method for write-in voting.

(8) It is capable of accumulating a count of the specific number of ballots tallied for a precinct, accumulating total votes by candidate for each office, and accumulating total votes for and against each question and issue of the ballots tallied for a precinct.

(9) It is capable of tallying votes from ballots of different political parties from the same precinct, in the case of a primary election.

(10) It is capable of automatically producing precinct totals in printed, marked, or punched form, or a combination thereof.

(11) If it is of a type which registers votes electronically, it will permit each voter to change his or her vote for any candidate or upon any question appearing on the official ballot up to the time that the voter takes the final step to register his or her vote and to have the vote computed.

(12) It is capable of providing records from which the operation of the voting system may be audited.

History.--s. 6, ch. 73-156; s. 21, ch. 77-175; s. 10, ch. 84-302; s. 10, ch. 89-348; s. 578, ch. 95-147; s. 17, ch. 99-318.

101.5607 Department of State to maintain voting system information; prepare software.--

(1)(a) Copies of the program codes and the user and operator manuals and copies of all software and any other information, specifications, or documentation required by the Department of State relating to an approved electronic or electromechanical voting system and its equipment must be filed with the Department of State by the supervisor of elections at the time of purchase or implementation. Any such information or materials that are not on file with and approved by the Department of State, including any updated or modified materials, may not be used in an election.

(b) Within 24 hours after the completion of any logic and accuracy test conducted pursuant to s. 101.5612(1), the supervisor of elections shall send by certified mail to the Department of State a copy of the tabulation program which was used in the logic and accuracy testing.

(c) The Department of State may, at any time, review the voting system of any county to ensure compliance with the Electronic Voting Systems Act.

(d) Section 119.07(3)(o) applies to all software on file with the Department of State.

(2)(a) The Department of State may develop software for use with an electronic or electromechanical voting system. The standards and examination procedures developed for software apply to all software developed by the Department of State.

(b) Software prepared by the Department of State is a public record pursuant to chapter 119 and shall be provided at the actual cost of duplication.

History.--s. 7, ch. 73-156; s. 21, ch. 77-175; s. 4, ch. 82-143; s. 11, ch. 84-302; s. 11, ch. 89-348; s. 25, ch. 90-344; s. 21, ch. 95-398.

101.5608 Voting by electronic or electromechanical method; procedures.--

(1) Each elector desiring to vote shall be identified to the clerk or inspector of the election as a duly qualified elector of such election and shall sign his or her name in ink or indelible pencil to an identification blank, signature slip, precinct register, or ballot stub on which the ballot serial number may be recorded. The inspector shall compare the signature with the signature on the identification provided by the elector. If the inspector is reasonably sure that the person is entitled to vote, the inspector shall provide the person with a ballot.

(2) When an electronic or electromechanical voting system utilizes a ballot card or paper ballot, the following procedures shall be followed:

(a) After receiving a ballot from an inspector, the elector shall, without leaving the polling place, retire to a booth or compartment and mark the ballot. After preparing his or her ballot, the elector shall place the ballot in a secrecy envelope with the stub exposed or shall fold over that portion on which write-in votes may be cast, as instructed, so that the ballot will be deposited in the ballot box without exposing the voter's choices. Before the ballot is deposited in the ballot box, the inspector shall detach the exposed stub and place it in a separate envelope for audit purposes; when a fold-over ballot is used, the entire ballot shall be placed in the ballot box.

(b) Any voter who spoils his or her ballot or makes an error may return the ballot to the election official and secure another ballot, except that in no case shall a voter be furnished more than three ballots. A spoiled ballot shall be preserved, without examination, in an envelope provided for that purpose. The stub shall be removed from the ballot and placed in an envelope.

(c) The supervisor of elections shall prepare for each polling place at least one ballot box to contain the ballots of a particular precinct, and each ballot box shall be plainly marked with the name of the precinct for which it is intended.

(3) The Department of State shall promulgate rules regarding voting procedures to be used when an electronic or electromechanical voting system is of a type which does not utilize a ballot card or paper ballot.

(4) In any election in which a write-in candidate has qualified for office, the supervisor of elections shall provide for write-in voting pursuant to rules adopted by the Division of Elections.

History.--s. 8, ch. 73-156; s. 21, ch. 77-175; s. 13, ch. 81-105; s. 5, ch. 82-143; s. 12, ch. 84-302; s. 579, ch. 95-147.

101.5609 Ballot requirements.--

(1) When an electronic or electromechanical voting system utilizes a ballot card or paper ballot which is distributed to electors, the ballot shall meet the following requirements:

(a) The ballot shall have at least two stubs. Stub number one shall have the ballot serial number on it. Stub number two, the stub adjacent to the ballot card, shall have the official title of the election with the name of the county and state on it and may be long enough to cover the ballot to provide secrecy after the ballot has been marked. The ballot serial number may also be on stub number two.

(b) Ballots to be used in the precincts shall be assembled in pads so that stub number one will remain on the ballot pad and stub number two will go with the ballot. On absentee ballots, stub number one shall be retained by the supervisor and stub number two may be retained by the supervisor or sent with the ballot.

(2) The ballot information shall, as far as practicable, be in the order of arrangement provided for paper ballots. Ballots for all questions or propositions to be voted on shall be provided in the same manner and shall be arranged on or in the voting device, if necessary, in the places provided for such purposes.

(3) When an electronic voting system utilizes a ballot information booklet for candidates and propositions to be voted upon, such ballot information may be provided with a series of pages distinguished by different colors. More than one public measure or proposition may be placed on the same page or series of pages.

(4) In a primary election, a separate ballot shall be used for each political party holding a primary. One ballot may be used for recording the voter's vote on all races, proposals, public measures, or propositions to be voted upon on the day of the primary election.

(5) If the ballot information booklet includes pages containing candidates for office and pages containing public measures or propositions to be voted on, the election official in charge of the election shall divide the pages by protruding tabs identifying the division of the pages which relate to candidates, constitutional amendments, bond referenda, or other propositions.

(6) Voting squares may be placed in front of or in back of the names of candidates and statements of questions and shall be of such size as is compatible with the type of system used. Ballots and ballot information shall be printed in a size and style of type as plain and clear as the ballot spaces reasonably permit. Tear-off stubs shall be of a size suitable for the ballots used and for the requirements of the voting device. The ballots may contain special printed marks and holes as required for proper positioning and reading of the ballots by the automatic tabulating equipment. When ballots are bound into pads, they may be bound at the top or bottom or at either side. In the case of the paper ballots, all offices and questions may be printed on the same sheet of paper.

(7)(a) Absentee ballots may consist of ballot cards, envelopes, or paper ballots voted in person in the office of the election official in charge of the election, voted by mail, or delivered as provided in s. 101.62(4).

(b) When a ballot card is used for voting by mail, it shall be accompanied by a marking device, if necessary; voter instructions; a secrecy envelope which will maintain the secrecy of a marked ballot; a mailing envelope; a specimen ballot, if necessary, showing the proper positions to vote on the ballot card for each party, candidate, proposal, public measure, or proposition; and any other item needed by the elector to cast his or her vote.

(c) The voted absentee ballot shall be placed in a secrecy envelope before being placed in the mailing envelope on which the voter's certificate is printed.

(d) In any election in which a write-in candidate has qualified, the supervisor of elections shall provide for write-in voting by absent electors pursuant to rules adopted by the Division of Elections.

(8) The Department of State shall adopt rules prescribing standards for ballots used in electronic or electromechanical voting systems. Such standards shall ensure that ballots are counted in a uniform and consistent manner and shall include, without limitation, standards for the:

(a) Physical characteristics of ballots;

(b) Physical characteristics of ink for ballots;

(d) Scoring of ballots.

History.--s. 9, ch. 73-156; s. 21, ch. 77-175; s. 38, ch. 79-400; s. 13, ch. 84-302; s. 3, ch. 86-200; s. 25, ch. 89-338; s. 12, ch. 89-348; s. 580, ch. 95-147; s. 2, ch. 96-57.

101.5610 Inspection of ballot by election board.--The election board of each precinct shall cause the voting devices to be put in order, set, adjusted, and made ready for voting when delivered to the polling places. Before the opening of the polls, the election board shall compare the ballots or the ballot information used in the voting devices with the sample ballots furnished and see that the names, numbers, and letters thereon agree and shall certify thereto on forms provided by the supervisor of elections.

History.--s. 10, ch. 73-156; s. 14, ch. 84-302; s. 4, ch. 86-200.

101.5611 Instructions to electors.--

(1) For the instruction of voters on election day, the supervisor of elections shall provide at each polling place one instruction model illustrating the manner of voting with the system. Each such instruction model shall show the arrangement of party rows, office columns, and questions to be voted on. Such model shall be located at a place which voters must pass to reach the official voting booth.

(2) Before entering the voting booth each voter shall be offered instruction in voting by use of the instruction model, and the voter shall be given ample opportunity to operate the model by himself or herself. In instructing voters, no precinct official may show partiality to any political party or candidate.

(3) The supervisor of elections shall have posted at each polling place a notice that reads: "A person who commits or attempts to commit any fraud in connection with voting, votes a fraudulent ballot, or votes more than once in an election can be convicted of a felony of the third degree and fined up to $5,000 and/or imprisoned for up to 5 years."

History.--s. 11, ch. 73-156; s. 21, ch. 77-175; s. 581, ch. 95-147; s. 12, ch. 98-129.

101.5612 Testing of tabulating equipment.--

(1) On any day not more than 10 days prior to the election day, the supervisor of elections shall have the automatic tabulating equipment tested to ascertain that the equipment will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given at least 48 hours prior thereto by publication once in one or more newspapers of general circulation in the county or, if there is no newspaper of general circulation in the county, by posting such notice in at least four conspicuous places in the county. The supervisor or the municipal elections official may, at the time of qualifying, give written notice of the time and location of the preelection test to each candidate qualifying with that office and obtain a signed receipt that such notice has been given. The Department of State shall give written notice to each statewide candidate at the time of qualifying, or immediately at the end of qualifying, that the voting equipment will be tested and advise each such candidate to contact the county supervisor of elections as to the time and location of the pretest. The supervisor or the municipal elections official shall, at least 15 days prior to an election, send written notice by certified mail to the county party chair of each political party and to all candidates for other than statewide office whose names appear on the ballot in the county and who did not receive written notification from the supervisor or municipal elections official at the time of qualifying, stating the time and location of the preelection test of the automatic tabulating equipment. The canvassing board shall convene, and each member of the canvassing board shall certify to the accuracy of the test. For the test, the canvassing board may designate one member to represent it. The test shall be open to representatives of the political parties, the press, and the public. Each political party may designate one person with expertise in the computer field who shall be allowed in the central counting room when all tests are being conducted and when the official votes are being counted. Such designee shall not interfere with the normal operation of the canvassing board.

(2) The test shall be conducted by processing a preaudited group of ballots so produced as to record a predetermined number of valid votes for each candidate and on each measure and shall include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject such votes. If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made before the automatic tabulating equipment is approved. The test shall be repeated immediately before the start of the official count of the ballots in the same manner as set forth above. After the completion of the count, the test shall be repeated. The programs and ballots used shall be sealed and retained under the custody of the county canvassing board.

History.--s. 12, ch. 73-156; s. 21, ch. 77-175; s. 39, ch. 79-400; s. 2, ch. 81-29; s. 24, ch. 83-217; s. 15, ch. 84-302; s. 582, ch. 95-147.

101.5613 Examination of equipment during voting.--A member of the election board shall occasionally examine the face of the voting device and the ballot information to determine that the device and the ballot information have not been damaged or tampered with.

History.--s. 13, ch. 73-156; s. 21, ch. 77-175; s. 16, ch. 84-302.

101.5614 Canvass of returns.--

(1)(a) In precincts in which an electronic or electromechanical voting system is used, as soon as the polls are closed, the election board shall secure the voting devices against further voting. The election board shall thereafter open the ballot box in the presence of members of the public desiring to witness the proceedings and count the number of voted ballots, unused ballots, and spoiled ballots to ascertain whether such number corresponds with the number of ballots issued by the supervisor. If there is a difference, this fact shall be reported in writing to the county canvassing board with the reasons therefor if known. The total number of voted ballots shall be entered on the forms provided. The proceedings of the election board at the precinct after the polls have closed shall be open to the public; however, no person except a member of the election board shall touch any ballot or ballot container or interfere with or obstruct the orderly count of the ballots.

(b) In lieu of opening the ballot box at the precinct, the supervisor may direct the election board to keep the ballot box sealed and deliver it to a central or regional counting location. In this case, the election board shall count the stubs removed from the ballots to determine the number of voted ballots.

(2)(a) If the ballots are to be tallied at a central location or at no more than three regional locations, the election board shall place all ballots that have been cast and the unused, void, and defective ballots in the container or containers provided for this purpose, which shall be sealed and delivered forthwith to the central or regional counting location or other designated location by two inspectors who shall not, whenever possible, be of the same political party. The election board shall certify that the ballots were placed in such container or containers and each container was sealed in its presence and under its supervision, and it shall further certify to the number of ballots of each type placed in the container or containers.

(b) If ballots are to be counted at the precincts, such ballots shall be counted pursuant to rules adopted by the Department of State, which rules shall provide safeguards which conform as nearly as practicable to the safeguards provided in the procedures for the counting of votes at a central location.

(3)(a) All proceedings at the central or regional counting location or other designated location shall be under the direction of the county canvassing board and shall be open to the public, but no person except a person employed and authorized for the purpose shall touch any ballot or ballot container, any item of automatic tabulating equipment, or any return prior to its release. If the ballots are tabulated at regional locations, one member of the canvassing board or a person designated by the board to represent it shall be present at each location during the testing of the counting equipment and the tabulation of the ballots.

(b) If ballots are tabulated at regional locations, the results of such election may be transmitted via dedicated teleprocessing lines to the main computer system for the purpose of compilation of complete returns. The security guidelines for transmission of returns by dedicated teleprocessing lines shall conform to rules adopted by the Department of State pursuant to s. 101.015.

(4) If ballot cards are used, and separate write-in ballots or envelopes for casting write-in votes are used, write-in ballots or the envelopes on which write-in ballots have been cast shall be serially numbered, starting with the number one, and the same number shall be placed on the ballot card of the voter. This process may be completed at either the precinct by the election board or at the central counting location. For each ballot or ballot and ballot envelope on which write-in votes have been cast, the canvassing board shall compare the write-in votes with the votes cast on the ballot card; if the total number of votes for any office exceeds the number allowed by law, a notation to that effect, specifying the office involved, shall be entered on the back of the ballot card or in a margin if voting areas are printed on both sides of the ballot card. Such votes shall not be counted. All valid votes shall be tallied by the canvassing board.

(5) If any ballot card of the type for which the offices and measures are not printed directly on the card is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy shall be made of the damaged ballot card in the presence of witnesses and substituted for the damaged ballot. Likewise, a duplicate ballot card shall be made of a defective ballot which shall not include the invalid votes. All duplicate ballot cards shall be clearly labeled "duplicate," bear a serial number which shall be recorded on the damaged or defective ballot card, and be counted in lieu of the damaged or defective ballot. If any ballot card of the type for which offices and measures are printed directly on the card is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy may be made of the damaged ballot card in the presence of witnesses and in the manner set forth above, or the valid votes on the damaged ballot card may be manually counted at the counting center by the canvassing board, whichever procedure is best suited to the system used. If any paper ballot is damaged or defective so that it cannot be counted properly by the automatic tabulating equipment, the ballot shall be counted manually at the counting center by the canvassing board. The totals for all such ballots or ballot cards counted manually shall be added to the totals for the several precincts or election districts. No vote shall be declared invalid or void if there is a clear indication of the intent of the voter as determined by the canvassing board. After duplicating a ballot, the defective ballot shall be placed in an envelope provided for that purpose, and the duplicate ballot shall be tallied with the other ballots for that precinct.

(6) If an elector marks more names than there are persons to be elected to an office or if it is impossible to determine the elector's choice, the elector's ballot shall not be counted for that office, but the ballot shall not be invalidated as to those names which are properly marked.

(7) Absentee ballots may be counted by automatic tabulating equipment if they have been punched or marked in a manner which will enable them to be properly counted by such equipment.

(8) The return printed by the automatic tabulating equipment, to which has been added the return of write-in, absentee, and manually counted votes, shall constitute the official return of the election. Upon completion of the count, the returns shall be open to the public. A copy of the returns may be posted at the central counting place or at the office of the supervisor of elections in lieu of the posting of returns at individual precincts.

History.--s. 14, ch. 73-156; s. 1, ch. 77-174; s. 21, ch. 77-175; s. 14, ch. 81-105; s. 17, ch. 84-302; s. 1, ch. 85-17; s. 5, ch. 86-200; s. 17, ch. 90-315; s. 1, ch. 94-208.

101.5615 Recounts and election contests.--Recounts and election contests shall be conducted as provided for in this code. The automatic tabulating equipment shall be tested prior to the recount or election contest, as provided in s. 101.5612, if the official ballots or ballot cards are recounted on the automatic tabulating equipment. Each duplicate ballot shall be compared with the original ballot to ensure the correctness of the duplicate.

History.--s. 15, ch. 73-156; s. 21, ch. 77-175; s. 13, ch. 89-348.

101.572 Public inspection of ballots.--The official ballots and ballot cards received from election boards and removed from absentee ballot mailing envelopes shall be open for public inspection or examination while in the custody of the supervisor of elections or the county canvassing board at any reasonable time, under reasonable conditions; however, no persons other than the supervisor of elections or his or her employees or the county canvassing board shall handle any official ballot or ballot card. The supervisor of elections shall make a reasonable effort to notify all candidates whose names appear on such ballots or ballot cards by telephone or otherwise of the time and place of the inspection or examination. All such candidates, or their representatives, shall be allowed to be present during the inspection or examination.

History.--s. 2, ch. 86-199; s. 583, ch. 95-147.

101.58 Supervising and observing registration and election processes.--The Department of State may, at any time it deems fit; upon the petition of 5 percent of the registered electors; or upon the petition of any candidate, county executive committee chair, state committeeman or committeewoman, or state executive committee chair, appoint one or more deputies whose duties shall be to observe and examine the registration and election processes and the condition, custody, and operation of voting machines in any county or municipality. The deputy shall have access to all registration books and records as well as any other records or procedures relating to the voting process. The deputy may supervise preparation of the election machines and procedures for election, and it shall be unlawful for any person to obstruct the deputy in the performance of his or her duty. The deputy shall file with the Department of State a report of his or her findings and observations of the registration and election processes in the county or municipality, and a copy of the report shall also be filed with the clerk of the circuit court of said county. The compensation of such deputies shall be fixed by the Department of State; and costs incurred under this section shall be paid from the annual operating appropriation made to the Department of State.

History.--s. 13, ch. 18405, 1937; CGL 1940 Supp. 337(28-b); s. 5, ch. 26870, 1951; s. 1, ch. 63-256; ss. 10, 35, ch. 69-106; s. 1, ch. 73-305; s. 21, ch. 77-175; s. 26, ch. 89-338; s. 584, ch. 95-147.

Note.--Former s. 100.31.

101.591 Voting system audit.--

(1) The Legislature, upon specific appropriation and directive, may provide for an independent audit of the voting system in any county. Within 30 days after completing the audit, the person conducting the audit shall furnish a copy of the audit to the supervisor of elections and the board of county commissioners.

(2) An audit conducted pursuant to subsection (1) shall consist of a study and evaluation of the voting system used during any primary, general, municipal, or presidential preference primary election to provide reasonable assurance that the system is properly controlled, can accurately count votes, provides adequate safeguards against unauthorized manipulation and fraud, and complies with the requirements of law and rules of the Department of State.

History.--s. 14, ch. 89-348; s. 41, ch. 97-13.

101.6101 Short title.--Sections 101.6101-101.6107 may be cited as the "Mail Ballot Election Act."

History.--s. 1, ch. 87-364.

101.6102 Mail ballot elections; limitations.--

(1)(a) An election may be conducted by mail ballot if:

1. The election is a referendum election at which all or a portion of the qualified electors of one of the following subdivisions of government are the only electors eligible to vote:

a. Counties;

b. Cities;

c. School districts covering no more than one county; or

d. Special districts;

2. The governing body responsible for calling the election and the supervisor of elections responsible for the conduct of the election authorize the use of mail ballots for the election; and

3. The Secretary of State approves a written plan for the conduct of the election, which shall include a written timetable for the conduct of the election, submitted by the supervisor of elections.

(b) In addition, an annexation referendum which includes only qualified electors of one county may also be voted on by mail ballot election.

(2) The following elections may not be conducted by mail ballot:

(a) An election at which any candidate is nominated, elected, retained, or recalled; or

(b) An election held on the same date as another election, other than a mail ballot election, in which the qualified electors of that political subdivision are eligible to cast ballots.

(3) The supervisor of elections shall be responsible for the conduct of any election held under ss. 101.6101-101.6107.

(4) The costs of a mail ballot election shall be borne by the jurisdiction initiating the calling of the election, unless otherwise provided by law.

(5) Nothing in this section shall be construed to prohibit the use of a mail ballot election in a municipal annexation referendum requiring separate vote of the registered electors of the annexing municipality and of the area proposed to be annexed. If a mail ballot election is authorized for a municipal annexation referendum, the provisions of ss. 101.6101-101.6107 shall control over any conflicting provisions of s. 171.0413.

History.--s. 1, ch. 87-364; s. 1, ch. 89-52; s. 27, ch. 89-338; s. 18, ch. 90-315.

101.6103 Mail ballot election procedure.--

(1) Except as otherwise provided in subsection (6), the supervisor of elections shall mail all official ballots with a secrecy envelope, a return mailing envelope, and instructions sufficient to describe the voting process to each elector entitled to vote in the election not sooner than the 20th day before the election and not later than the 10th day before the date of the election. All such ballots shall be mailed by first-class mail. Ballots shall be addressed to each elector at the address appearing in the registration records and placed in an envelope which is prominently marked "Do Not Forward."

(2) Upon receipt of the ballot the elector shall mark the ballot, place it in the secrecy envelope, sign the return mailing envelope supplied with the ballot, and comply with the instructions provided with the ballot. The elector shall mail, deliver, or have delivered the marked ballot so that it reaches the supervisor of elections no later than 7 p.m. on the day of the election. The ballot must be returned in the return mailing envelope.

(3) The return mailing envelope shall contain a statement in substantially the following form:

VOTER'S CERTIFICATE

I, (Print Name) , do solemnly swear (or affirm) that I am a qualified voter in this election and that I have not and will not vote more than one ballot in this election.

I understand that failure to sign this certificate and give my residence address will invalidate my ballot.

(Signature)

(Residence Address)

(4) If the ballot is destroyed, spoiled, lost, or not received by the elector, the elector may obtain a replacement ballot from the supervisor of elections as provided in this subsection. An elector seeking a replacement ballot shall sign a sworn statement that the ballot was destroyed, spoiled, lost, or not received and present such statement to the supervisor of elections prior to 7 p.m. on the day of the election. The supervisor of elections shall keep a record of each replacement ballot provided under this subsection.

(5) A ballot shall be counted only if:

(a) It is returned in the return mailing envelope;

(b) The elector's signature has been verified as provided in this subsection; and

(c) It is received by the supervisor of elections not later than 7 p.m. on the day of the election.

The supervisor of elections shall verify the signature of each elector on the return mailing envelope with the signature on the elector's registration records. Such verification may commence at any time prior to the canvass of votes. The supervisor of elections shall safely keep the ballot unopened in his or her office until the county canvassing board canvasses the vote. If the supervisor of elections determines that an elector to whom a replacement ballot has been issued under subsection (4) has voted more than once, the canvassing board shall determine which ballot, if any, is to be counted.

(6) With respect to absent electors overseas entitled to vote in the election, the supervisor of elections shall mail an official ballot with a secrecy envelope, a return mailing envelope, and instructions sufficient to describe the voting process to each such elector on a date sufficient to allow such elector time to vote in the election and to have his or her marked ballot reach the supervisor by 7 p.m. on the day of the election.

History.--s. 1, ch. 87-364; s. 585, ch. 95-147.

101.6104 Challenge of votes.--If any elector present for the canvass of votes believes that any ballot is illegal due to any defect apparent on the voter's certificate, the elector may, at any time before the ballot is removed from the envelope, file with the canvassing board a protest against the canvass of such ballot, specifying the reason he or she believes the ballot to be illegal. No challenge based upon any defect on the voter's certificate shall be accepted after the ballot has been removed from the return mailing envelope.

History.--s. 1, ch. 87-364; s. 586, ch. 95-147.

101.6105 Absentee voting.--The provisions of the election code relating to absentee voting and absentee ballots shall apply to elections under ss. 101.6101-101.6107 only insofar as they do not conflict with the provisions of ss. 101.6101-101.6107.

History.--s. 1, ch. 87-364.

101.6106 Application of other election laws.--All laws that are applicable to general elections are applicable to mail ballot elections to the extent applicable.

History.--s. 1. ch. 87-364.

101.6107 Department of State to adopt rules.--The Department of State shall adopt rules governing the procedures and forms necessary to implement ss. 101.6101-101.6107.

History.--s. 1, ch. 87-364.

101.62 Request for absentee ballots.--

(1)(a) The supervisor may accept a request for an absentee ballot from an elector in person or in writing. One request shall be deemed sufficient to receive an absentee ballot for all elections which are held within a calendar year, unless the elector or the elector's designee indicates at the time the request is made the elections for which the elector desires to receive an absentee ballot. Such request may be considered canceled when any first-class mail sent by the supervisor to the elector is returned as undeliverable.

(b) The supervisor may accept a written or telephonic request for an absentee ballot from the elector, or, if directly instructed by the elector, a member of the elector's immediate family, or the elector's legal guardian. For purposes of this section, the term "immediate family" has the same meaning as specified in paragraph (4)(b). The person making the request must disclose:

1. The name of the elector for whom the ballot is requested;

2. The elector's address;

3. The last four digits of the elector's social security number;

4. The registration number on the elector's registration identification card;

5. The requester's name;

6. The requester's address;

7. The requester's social security number and, if available, driver's license number;

8. The requester's relationship to the elector; and

9. The requester's signature (written requests only).

(2) If a request for an absentee ballot is received after the Friday before the election by the supervisor of elections from an absent elector overseas, the supervisor shall send a notice to the elector acknowledging receipt of his or her request and notifying the elector that the ballot will not be forwarded due to insufficient time for return of the ballot by the required deadline.

(3) For each request for an absentee ballot received, the supervisor shall record the date the request was made, the date the absentee ballot was delivered or mailed, the date the ballot was received by the supervisor, and such other information he or she may deem necessary. This information shall be confidential and exempt from the provisions of s. 119.07(1) and shall be made available to or reproduced only for a canvassing board, an election official, a political party or official thereof, a candidate who has filed qualification papers and is opposed in an upcoming election, and registered political committees or registered committees of continuous existence, for political purposes only.

(4)(a) To each absent qualified elector overseas who has requested an absentee ballot, the supervisor of elections shall, not fewer than 35 days before the first primary election, mail an absentee ballot. Not fewer than 45 days before the second primary and general election, the supervisor of elections shall mail an advance absentee ballot to those persons requesting ballots for such elections. The advance absentee ballot for the second primary shall be the same as the first primary absentee ballot as to the names of candidates, except that for any offices where there are only two candidates, those offices and all political party executive committee offices shall be omitted. Except as provided in s. 99.063(4), the advance absentee ballot for the general election shall be as specified in s. 101.151, except that in the case of candidates of political parties where nominations were not made in the first primary, the names of the candidates placing first and second in the first primary election shall be printed on the advance absentee ballot. The advance absentee ballot or advance absentee ballot information booklet shall be of a different color for each election and also a different color from the absentee ballots for the first primary, second primary, and general election. The supervisor shall mail an advance absentee ballot for the second primary and general election to each qualified absent elector for whom a request is received until the absentee ballots are printed. The supervisor shall enclose with the advance second primary absentee ballot and advance general election absentee ballot an explanation stating that the absentee ballot for the election will be mailed as soon as it is printed; and, if both the advance absentee ballot and the absentee ballot for the election are returned in time to be counted, only the absentee ballot will be counted.

(b) As soon as the remainder of the absentee ballots are printed, the supervisor shall provide an absentee ballot to each elector by whom a request for that ballot has been made by one of the following means:

1. By nonforwardable, return-if-undeliverable mail to the elector's current mailing address on file with the supervisor, unless the elector specifies in the request that:

a. The elector is absent from the county and does not plan to return before the day of the election;

b. The elector is temporarily unable to occupy the residence because of hurricane, tornado, flood, fire, or other emergency or natural disaster; or

c. The elector is in a hospital, assisted-living facility, nursing home, short-term medical or rehabilitation facility, or correctional facility,

in which case the supervisor shall mail the ballot by nonforwardable, return-if-undeliverable mail to any other address the elector specifies in the request.

2. By forwardable mail to voters who are entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Voting Act.

3. By personal delivery to the elector, upon presentation of the identification required in s. 101.657.

4. By delivery to a designee on election day or up to 4 days prior to the day of an election. Any elector may designate in writing a person to pick up the ballot for the elector; however, the person designated may not pick up more than two absentee ballots per election, other than the designee's own ballot, except that additional ballots may be picked up for members of the designee's immediate family. For purposes of this section, "immediate family" means the designee's spouse or the parent, child, grandparent, or sibling of the designee or of the designee's spouse. The designee shall provide to the supervisor the written authorization by the elector and a picture identification of the designee and must complete an affidavit. The designee shall state in the affidavit that the designee is authorized by the elector to pick up that ballot and shall indicate if the elector is a member of the designee's immediate family and, if so, the relationship. The department shall prescribe the form of the affidavit. If the supervisor is satisfied that the designee is authorized to pick up the ballot and that the signature of the elector on the written authorization matches the signature of the elector on file, the supervisor shall give the ballot to that designee for delivery to the elector.

(5) In the event that the Elections Canvassing Commission is unable to certify the results of an election for a state office in time to comply with subsection (4), the Department of State is authorized to prescribe rules for a ballot to be sent to absent electors overseas.

(6) Nothing other than the materials necessary to vote absentee shall be mailed or delivered with any absentee ballot.

(7)(a) For the purposes of this section, "absent qualified elector overseas" means:

1. Members of the Armed Forces while in the active service who are permanent residents of the state and are temporarily residing outside the territorial limits of the United States and the District of Columbia;

2. Members of the Merchant Marine of the United States who are permanent residents of the state and are temporarily residing outside the territorial limits of the United States and the District of Columbia; and

3. Other citizens of the United States who are permanent residents of the state and are temporarily residing outside the territorial limits of the United States and the District of Columbia,

who are qualified and registered as provided by law.

(b) Notwithstanding any other provision of law to the contrary, there shall appear on the ballots sent to absent qualified electors overseas, in addition to the names of the candidates for each office, the political party affiliation of each candidate for each office, other than a nonpartisan office.

(c) With respect to marked ballots mailed by absent qualified electors overseas, only those ballots mailed with an APO, FPO, or foreign postmark shall be considered valid.

History.--s. 2, ch. 7380, 1917; RGS 369; CGL 430; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 32, ch. 28156, 1953; s. 21, ch. 29934, 1955; s. 2, ch. 59-213; s. 32, ch. 65-380; s. 1, ch. 67-33; s. 2, ch. 69-136; s. 4, ch. 69-280; s. 2, ch. 70-93; ss. 1, 2, ch. 71-149; s. 5, ch. 73-157; s. 39, ch. 73-333; s. 2, ch. 75-174; s. 21, ch. 77-175; s. 40, ch. 79-400; s. 2, ch. 83-16; s. 6, ch. 83-251; s. 1, ch. 85-226; s. 4, ch. 86-199; s. 4, ch. 87-363; s. 2, ch. 87-538; s. 28, ch. 89-338; s. 20, ch. 90-360; s. 587, ch. 95-147; s. 3, ch. 96-57; s. 25, ch. 96-406; s. 13, ch. 98-129; s. 32, ch. 99-2; s. 6, ch. 99-140.

Note.--Former s. 101.02.

101.635 Distribution of blocks of printed ballots.--In any county in which the supervisor of elections maintains deputies in a municipality other than the county seat and such municipality has a population in excess of 90,000, blocks of numbered ballots shall be made available as required and as the supervisor may direct, in order to comply with the provisions of s. 98.181. All ballots made available in any such municipality shall be fully accounted for to the supervisor.

History.--s. 22, ch. 77-175.

101.64 Delivery of absentee ballots; envelopes; form.--

(1) The supervisor shall enclose with each absentee ballot two envelopes: a secrecy envelope, into which the absent elector shall enclose his or her marked ballot; and a mailing envelope, into which the absent elector shall then place the secrecy envelope, which shall be addressed to the supervisor and also bear on the back side a certificate in substantially the following form:

Note: Please Read Instructions Carefully Before
Marking Ballot and Completing Voter's Certificate.
VOTER'S CERTIFICATE

I, _____, am a qualified and registered voter of _____ County, Florida. I understand that if I commit or attempt to commit any fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election, I can be convicted of a felony of the third degree and fined up to $5,000 and/or imprisoned for up to 5 years. I also understand that failure to sign this certificate and have my signature witnessed will invalidate my ballot. I am entitled to vote an absentee ballot for one of the following reasons:

1. I am unable without another's assistance to attend the polls.

2. I may not be in the precinct of my residence during the hours the polls are open for voting on election day.

3. I am an inspector, a poll worker, a deputy voting machine custodian, a deputy sheriff, a supervisor of elections, or a deputy supervisor who is assigned to a different precinct than that in which I am registered.

4. On account of the tenets of my religion, I cannot attend the polls on the day of the general, special, or primary election.

5. I have changed my permanent residency to another county in Florida within the time period during which the registration books are closed for the election. I understand that I am allowed to vote only for national and statewide offices and on statewide issues.

6. I have changed my permanent residency to another state and am unable under the laws of such state to vote in the general election. I understand that I am allowed to vote only for President and Vice President.

7. I am unable to attend the polls on election day and am voting this ballot in person at the office of, and under the supervision of, the county supervisor of elections.

(Voter's Signature)

(Last four digits of voter's social security number)
Note: Your Signature Must Be Witnessed By Either:

a. A Notary or Officer Defined in Item 6.b. of the Instruction Sheet.

Sworn to (or affirmed) and subscribed before me this _____ day of __________, (year) , by (name of person making statement) . My commission expires this _____ day of __________, (year) .

(Signature of Official)

(Print, Type, or Stamp Name)

(State or Country of Commission)

Personally Known __________ OR Produced Identification __________

Type of Identification Produced

b. One Witness, who is a registered voter in the State.

I swear or affirm that the voter signed this Voter's Certificate in my presence and that, unless certified as an absentee ballot coordinator, I have not witnessed more than 5 ballots for this election.

WITNESS:

(Signature of Witness)

(Printed Name of Witness)

(Voter I.D. Number of Witness and County of Registration)

(Address)

(City/State)

(2) The certificate shall be arranged on the back of the mailing envelope so that the lines for the signatures of the absent elector and the attesting witness are across the seal of the envelope; however, no statement shall appear on the envelope which indicates that a signature of the voter or witness must cross the seal of the envelope. The absent elector and the attesting witness shall execute the certificate on the envelope.

History.--s. 4, ch. 7380, 1917; RGS 371; CGL 432; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 34, ch. 28156, 1953; s. 22, ch. 29934, 1955; s. 1, ch. 61-369; s. 33, ch. 65-380; s. 3, ch. 69-136; s. 5, ch. 69-280; s. 21, ch. 71-355; s. 1, ch. 73-105; s. 6, ch. 73-157; s. 39, ch. 73-333; s. 3, ch. 75-174; s. 23, ch. 77-175; s. 4, ch. 79-365; s. 1, ch. 81-106; s. 9, ch. 81-304; s. 10, ch. 82-143; s. 2, ch. 85-226; s. 1, ch. 86-33; s. 19, ch. 90-315; s. 588, ch. 95-147; s. 4, ch. 96-57; s. 14, ch. 98-129.

Note.--Former s. 101.04.

101.647 Return of absentee ballots.--

(1) Absentee ballots must be returned to the supervisor of elections by the elector, either in person or by mail.

(2) If the elector is unable to mail or personally deliver the ballot, the elector may designate in writing a person who may return the ballot for the elector; however, the person designated may not return more than two absentee ballots per election, other than the designee's own ballot, except that additional ballots may be returned for members of the designee's immediate family. For purposes of this section, the term "immediate family" means the designee's spouse or the parent, child, grandparent, or sibling of the designee or of the designee's spouse. The designee must provide to the supervisor the written authorization by the elector and a picture identification of the designee.

History.--s. 15, ch. 98-129.

101.65 Instructions to absent electors.--The supervisor shall enclose with each absentee ballot separate printed instructions in substantially the following form:

READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.

1. VERY IMPORTANT. In order to ensure that your absentee ballot will be counted, it should be completed and returned as soon as possible so that it can reach the supervisor of elections of the county in which your precinct is located no later than 7 p.m. on the day of the election.

2. Mark your ballot in secret as instructed on the ballot. You must mark your own ballot unless you are unable to do so because of blindness, disability, or inability to read or write.

3. Place your marked ballot in the enclosed secrecy envelope.

4. Insert the secrecy envelope into the enclosed mailing envelope which is addressed to the supervisor.

5. Seal the mailing envelope and completely fill out the Voter's Certificate on the back of the mailing envelope.

6. VERY IMPORTANT. In order for your absentee ballot to be counted, you must sign your name on the line above (Voter's Signature), place the last four digits of your Social Security number in the space provided, and your ballot must be witnessed in either of the following manners:

a. One witness, who is a registered voter in the state, must affix his or her signature, printed name, address, voter identification number, and county of registration on the voter's certificate. Each witness is limited to witnessing five ballots per election unless certified as an absentee ballot coordinator. A candidate may not serve as an attesting witness.

b. Any notary or other officer entitled to administer oaths or any Florida supervisor of elections or deputy supervisor of elections, other than a candidate, may serve as an attesting witness.

7. Mail, deliver, or have delivered the completed mailing envelope. Be sure there is sufficient postage if mailed.

8. FELONY NOTICE. It is a felony under Florida law to accept any gift, payment, or gratuity in exchange for your vote for a candidate. It is also a felony under Florida law to vote in an election using a false identity or false address, or under any other circumstances making your ballot false or fraudulent.

History.--s. 5, ch. 7380, 1917; RGS 372; CGL 433; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 35, ch. 28156, 1953; s. 23, ch. 29934, 1955; s. 34, ch. 65-380; s. 4, ch. 71-149; s. 9, ch. 72-63; s. 2, ch. 73-105; s. 7, ch. 73-157; ss. 3, 4, ch. 75-174; s. 23, ch. 77-175; s. 2, ch. 81-106; s. 10, ch. 81-304; s. 11, ch. 82-143; s. 7, ch. 83-251; s. 3, ch. 85-226; s. 2, ch. 86-33; s. 589, ch. 95-147; s. 5, ch. 96-57; s. 16, ch. 98-129; s. 33, ch. 99-2.

Note.--Former s. 101.05.

101.655 Supervised voting by absent electors in certain facilities.--

(1) The supervisor of elections of a county shall provide supervised voting for absent electors residing in any assisted living facility, as defined in s. 400.402, or nursing home facility, as defined in s. 400.021, within that county at the request of any administrator of such a facility. Such request for supervised voting in the facility shall be made by submitting a written request to the supervisor of elections no later than 21 days prior to the election for which that request is submitted. The request shall specify the name and address of the facility and the name of the electors who wish to vote absentee in that election. If the request contains the names of fewer than five voters, the supervisor of elections is not required to provide supervised voting.

(2) The supervisor of elections may, in the absence of a request from the administrator of a facility, provide for supervised voting in the facility for those persons who have requested absentee ballots. The supervisor of elections shall notify the administrator of the facility that supervised voting will occur.

(3) The supervisor of elections shall, in cooperation with the administrator of the facility, select a date and time when the supervised voting will occur.

(4) The supervisor of elections shall designate supervised voting teams to provide the services prescribed by this section. Each supervised voting team shall include at least two persons. Each supervised voting team must include representatives of more than one political party; however, in any primary election to nominate party nominees in which only one party has candidates appearing on the ballot, all supervised voting team members may be of that party. No candidate may provide supervised voting services.

(5) The supervised voting team shall deliver the ballots to the respective absent electors, and each member of the team shall jointly supervise the voting of the ballots. If any elector requests assistance in voting, the oath prescribed in s. 101.051 shall be completed and the elector may receive the assistance of two members of the supervised voting team or some other person of the elector's choice to assist the elector in casting the elector's ballot.

(6) Before providing assistance, the supervised voting team shall disclose to the elector that the ballot may be retained to vote at a later time and that the elector has the right to seek assistance in voting from some other person of the elector's choice without the presence of the supervised voting team.

(7) If any elector declines to vote a ballot or is unable to vote a ballot, the supervised voting team shall mark the ballot "refused to vote" or "unable to vote."

(8) After the ballots have been voted or marked in accordance with the provisions of this section, the supervised voting team shall deliver the ballots to the supervisor of elections, who shall retain them pursuant to s. 101.67.

History.--s. 6, ch. 96-57.

101.657 Voting absentee ballots in person.--

(1) Notwithstanding s. 97.021(1), any qualified and registered elector who is unable to attend the polls on election day may pick up and vote an absentee ballot in person at the office of, and under the supervision of, the supervisor of elections. Before receiving the ballot, the elector must present a Florida driver's license, a Florida identification card issued under s. 322.051, or another form of picture identification approved by the Department of State. If the elector fails to furnish the required identification, or if the supervisor is in doubt as to the identity of the elector, the supervisor must follow the procedure prescribed in s. 101.49.

(2) As an alternative to the provisions of ss. 101.64, 101.647, and 101.65, the supervisor of elections may allow an elector to cast an absentee ballot in the main or branch office of the supervisor by depositing the voted ballot in a voting device used by the supervisor to collect or tabulate ballots. The results or tabulation may not be made before the close of the polls on election day.

(3) The elector must provide picture identification and must complete an In-Office Voter Certificate in substantially the following form:

IN-OFFICE VOTER CERTIFICATE

I, _____, am a qualified and registered voter of _____ County, Florida. I do solemnly swear or affirm that I am the person so listed on the voter registration rolls of _____ County and that I reside at the listed address. I understand that if I commit or attempt to commit fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election I could be convicted of a felony of the third degree and both fined up to $5,000 and imprisoned for up to 5 years. I understand that my failure to sign this certificate and have my signature witnessed invalidates my ballot. I am entitled to vote an absentee ballot because I am unable to attend the polls on election day.

(Voter's Signature)

(Address)

(City/State)

(Name of Witness)

(Signature of Witness)

(Type of identification provided)

(4) Any elector may challenge an elector seeking to cast an absentee ballot under the provisions of s. 101.111. Any challenged ballot must be placed in a regular absentee ballot envelope. The canvassing board shall review the ballot and decide the validity of the ballot by majority vote.

(5) The canvass of returns for ballots cast under this section shall be substantially the same as votes cast by electors in precincts, as provided in s. 101.5614.

History.--s. 17, ch. 98-129; s. 2, ch. 2000-249.

101.661 Voting absentee ballots.--All electors must personally mark or designate their choices on the absentee ballot, except:

(1) Electors who require assistance to vote because of blindness, disability, or inability to read or write, who may have some person of the elector's choice, other than the elector's employer, an agent of the employer, or an officer or agent of the elector's union, mark the elector's choices or assist the elector in marking his or her choices on the ballot.

(2) As otherwise provided in s. 101.051 or s. 101.655.

History.--s. 18, ch. 98-129.

101.663 Electors; change of residence.--

(1) An elector who changes his or her residence to another county in Florida from the county in Florida in which he or she is registered as an elector after the books in the county to which the elector has changed his or her residence are closed for any general, primary, or special election shall be permitted to vote absentee in the county of his or her former residence in that election for President and Vice President, United States Senator, statewide offices, and statewide issues. Such person shall not be permitted to vote in the county of the person's former residence after the general election.

(2) An elector registered in this state who moves his or her permanent residence to another state and who is prohibited by the laws of that state from voting for the offices of President and Vice President of the United States shall be permitted to vote absentee in the county of his or her former residence for those offices.

History.--s. 1, ch. 69-136; s. 11, ch. 69-280; s. 4, ch. 73-157; s. 31, ch. 73-333; s. 3, ch. 77-175; s. 1, ch. 79-365; s. 22, ch. 94-224; s. 1392, ch. 95-147.

Note.--Former s. 97.102.

101.665 Administration of oaths; military personnel, federal employees, and other absentee registrants.--For the purposes of this code, oaths may be administered and attested by any commissioned officer in the active service of the Armed Forces, any member of the Merchant Marine of the United States designated for this purpose by the Secretary of Commerce, any civilian official empowered by state or federal law to administer oaths, any supervisor of elections, deputy supervisor of elections, or employee of the supervisor of elections when designated by the supervisor of elections, or any civilian employee designated by the head of any department or agency of the United States, except when this code requires an oath to be administered and attested by another official specifically named.

History.--s. 6, ch. 29904, 1955; s. 42, ch. 65-380; s. 4, ch. 72-63; s. 3, ch. 77-175; s. 17, ch. 94-224; s. 19, ch. 98-129.

Note.--Former s. 101.695; s. 97.065.

101.67 Safekeeping of mailed ballots; deadline for receiving absentee ballots.--

(1) The supervisor of elections shall safely keep in his or her office any envelopes received containing marked ballots of absent electors, and he or she shall, before the canvassing of the election returns, deliver the envelopes to the county canvassing board along with his or her file or list kept regarding said ballots.

(2) All marked absent electors' ballots to be counted must be received by the supervisor by 7 p.m. the day of the election. All ballots received thereafter shall be marked with the time and date of receipt and filed in the supervisor's office.

History.--s. 2, ch. 11824, 1927; CGL 436; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 24, ch. 29934, 1955; s. 24, ch. 57-1; s. 35, ch. 65-380; s. 5, ch. 71-149; s. 23, ch. 77-175; s. 590, ch. 95-147.

Note.--Former s. 101.07.

101.68 Canvassing of absentee ballot.--

(1) The supervisor of the county where the absent elector resides shall receive the voted ballot, at which time the supervisor may compare the signature of the elector on the voter's certificate with the signature of the elector in the registration books to determine whether the elector is duly registered in the county and may record on the elector's registration certificate that the elector has voted. The supervisor shall safely keep the ballot unopened in his or her office until the county canvassing board canvasses the vote.

(2)(a) The county canvassing board may begin the canvassing of absentee ballots at 7 a.m. on the fourth day before the election, but not later than noon on the day following the election. In addition, for any county using electronic tabulating equipment, the processing of absentee ballots through such tabulating equipment may begin upon the opening of the polls on election day. However, notwithstanding any such authorization to begin canvassing or otherwise processing absentee ballots early, no result or tabulation of absentee ballots shall be made until after the close of the polls on election day.

(b) To ensure that all absentee ballots to be counted by the canvassing board are accounted for, the canvassing board shall compare the number of ballots in its possession with the number of requests for ballots received to be counted according to the supervisor's file or list.

(c)1. The canvassing board shall, if the supervisor has not already done so, compare the signature of the elector on the voter's certificate with the signature of the elector in the registration books to see that the elector is duly registered in the county and to determine the legality of that absentee ballot. An absentee ballot shall be considered illegal if it does not include the signature and the last four digits of the social security number of the elector, as shown by the registration records, and either:

a. The subscription of a notary or officer defined in Item 6.b. of the instruction sheet, or

b. The signature, printed name, address, voter identification number, and county of registration of one attesting witness, who is a registered voter in the state.

However, an absentee ballot shall not be considered illegal if the signature of the elector or attesting witness does not cross the seal of the mailing envelope or if the person witnessing the ballot is in violation of s. 104.047(3). If the canvassing board determines that any ballot is illegal, a member of the board shall, without opening the envelope, mark across the face of the envelope: "rejected as illegal." The envelope and the ballot contained therein shall be preserved in the manner that official ballots voted are preserved.

2. If any elector or candidate present believes that an absentee ballot is illegal due to a defect apparent on the voter's certificate, he or she may, at any time before the ballot is removed from the envelope, file with the canvassing board a protest against the canvass of that ballot, specifying the precinct, the ballot, and the reason he or she believes the ballot to be illegal. A challenge based upon a defect in the voter's certificate may not be accepted after the ballot has been removed from the mailing envelope.

(d) The canvassing board shall record the ballot upon the proper record, unless the ballot has been previously recorded by the supervisor. The mailing envelopes shall be opened and the secrecy envelopes shall be mixed so as to make it impossible to determine which secrecy envelope came out of which signed mailing envelope; however, in any county in which an electronic or electromechanical voting system is used, the ballots may be sorted by ballot styles and the mailing envelopes may be opened and the secrecy envelopes mixed separately for each ballot style. The votes on absentee ballots shall be included in the total vote of the county.

(3) The supervisor or the chair of the county canvassing board shall, after the board convenes, have custody of the absentee ballots until a final proclamation is made as to the total vote received by each candidate.

(4) The supervisor of elections shall, on behalf of the county canvassing board, notify each elector whose ballot was rejected as illegal because of a difference between the elector's signature on the ballot and that on the elector's voter registration record. The supervisor shall mail a voter registration application to the elector to be completed indicating the elector's current signature. This section does not prohibit the supervisor from providing additional methods for updating an elector's signature.

History.--s. 5, ch. 26870, 1951; s. 37, ch. 28156, 1953; s. 36, ch. 65-380; s. 6, ch. 69-280; s. 3, ch. 75-174; s. 23, ch. 77-175; s. 41, ch. 79-400; s. 3, ch. 86-33; s. 591, ch. 95-147; s. 7, ch. 96-57; s. 20, ch. 98-129.

101.685 Absentee ballot coordinators.--

(1)(a) At least 28 days before a general or special election, the state executive committee of any political party having a candidate on the ballot may submit to the division a list of persons to be absentee ballot coordinators. Each state executive committee may designate a number of absentee ballot coordinators equal to the number of state Senate districts. However, for a special election for state senator or member of the House of Representatives, each state executive committee may designate no more than 10 absentee ballot coordinators. Absentee ballot coordinators may not be designated for primary elections or for elections involving only municipal or nonpartisan candidates.

(b) The Division of Elections shall investigate the criminal background of each designee. Any designee who has been convicted of a crime relating to elections shall not be certified as an absentee ballot coordinator, and the division shall so notify the designee and the appropriate political party.

(2) The list must contain the full name, address, and Florida voter registration number of each absentee ballot coordinator.

(3) An absentee ballot coordinator must submit to the political party the information required in subsection (2) and an affidavit from the absentee ballot coordinator that he or she has read and understands chapter 104.

(4) Certification of an individual as an absentee ballot coordinator under this section is valid until the polls close on the day of the election for which the coordinator is designated, and the state executive committee of a political party submitting a list of absentee ballot coordinators under this section must maintain the records required in subsection (3) for 2 years.

(5) Notwithstanding any other provision of this chapter, an absentee ballot coordinator may witness an unlimited number of absentee ballots in the general or special election for which designated.

History.--s. 21, ch. 98-129.

101.69 Voting in person; return of absentee ballot.--The provisions of this code shall not be construed to prohibit any elector from voting in person at the elector's precinct on the day of an election notwithstanding that the elector has requested an absentee ballot for that election. An elector who has received an absentee ballot, but desires to vote in person, shall return the ballot, whether voted or not, to the election board in the elector's precinct. The returned ballot shall be marked "canceled" by the board and placed with other canceled ballots. However, if the elector is unable to return the ballot, the elector may execute an affidavit stating that the absentee ballot has not been voted and the elector may then vote at the precinct.

History.--s. 1, ch. 22014, 1943; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 37, ch. 65-380; s. 23, ch. 77-175; s. 592, ch. 95-147; s. 8, ch. 96-57.

Note.--Former s. 101.11.

101.694 Mailing of ballots upon receipt of federal postcard application.--

(1) Upon receipt of a federal postcard application for an absentee ballot executed by a person whose registration is in order or whose application is sufficient to register or update the registration of that person, the supervisor shall mail to the applicant a ballot, if the ballots are available for mailing.

(2) Upon receipt of a federal postcard application for an absentee ballot executed by a person whose registration is not in order and whose application is insufficient to register or update the registration of that person, the supervisor shall follow the procedure set forth in s. 97.073.

(3) There shall be printed across the face of each envelope in which a ballot is sent to a federal postcard applicant, or is returned by such applicant to the supervisor, two parallel horizontal red bars, each one-quarter inch wide, extending from one side of the envelope to the other side, with an intervening space of one-quarter inch, the top bar to be 11/4 inches from the top of the envelope, and with the words "Official Election Balloting Material-via Air Mail," or similar language, between the bars. There shall be printed in the upper right corner of each such envelope, in a box, the words "Free of U. S. Postage, including Air Mail." All printing on the face of each envelope shall be in red, and there shall be printed in red in the upper left corner of each ballot envelope an appropriate inscription or blanks for return address of sender. Additional specifications may be prescribed by rule of the Division of Elections upon recommendation of the presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act. Otherwise, the envelopes shall be the same as those used in sending ballots to, or receiving them from, other absentee voters.

(4) Cognizance shall be taken of the fact that absentee ballots and other materials such as instructions and envelopes are to be carried via air mail, and, to the maximum extent possible, such ballots and materials shall be reduced in size and weight of paper. The same ballot shall be used, however, as is used by other absentee voters.

History.--s. 5, ch. 29904, 1955; ss. 4, 5, ch. 59-217; s. 41, ch. 65-380; s. 12, ch. 69-280; s. 23, ch. 77-175; s. 20, ch. 81-304; s. 37, ch. 94-224; s. 9, ch. 96-57.

101.71 Polling place.--

(1) There shall be in each precinct in each county one polling place which shall be accessible to the public on election day and is managed by a board of inspectors and clerk of election. Only one elector shall be allowed to enter any voting booth at a time; no one except inspectors shall be allowed to speak to the elector while casting his or her vote; and no inspector shall speak to or interfere with the elector concerning his or her voting, except to perform the duties as such inspector. Notwithstanding any other provision of this chapter, this section shall be applicable where the computer method of voting is in use, and adequate provision shall be made for the privacy of the elector while casting his or her vote.

(2) Notwithstanding the provisions of subsection (1), whenever the supervisor of elections of any county determines that the accommodations for holding any election at a polling place designated for any precinct in the county are unavailable or are inadequate for the expeditious and efficient housing and handling of voting and voting paraphernalia, including voting machines where used, the supervisor may provide, not less than 30 days prior to the holding of an election, that the voting place for such precinct shall be moved to another site which shall be accessible to the public on election day in said precinct or, if such is not available, to another site which shall be accessible to the public on election day in a contiguous precinct. If such action of the supervisor results in the voting place for two or more precincts being located for the purposes of an election in one building, the voting places for the several precincts involved shall be established and maintained separate from each other in said building. When any supervisor moves any polling place pursuant to this subsection, the supervisor shall, not more than 30 days or fewer than 7 days prior to the holding of an election, give notice of the change of the polling place for the precinct involved, with clear description of the voting place to which changed, at least once in a newspaper of general circulation in said county. A notice of the change of the polling place involved shall be mailed, at least 14 days prior to an election, to each registered elector or to each household in which there is a registered elector.

(3) In cases of emergency and when time does not permit compliance with subsection (2), the supervisor of elections shall designate a new polling place which shall be accessible to the public on election day and shall cause a notice to be posted at the old polling place advising the electors of the location of the new polling place.

(4) Each polling place shall be conspicuously identified by a sign, on or near the premises of the polling place, designating the polling place by precinct number. Such sign shall be large enough to be clearly visible to occupants of passing vehicular traffic on roadways contiguous to the polling place, with letters no smaller than 3 inches high, and shall be displayed at all times while the polls are open on any election day.

(5) Public, tax-supported buildings shall be made available for use as polling places upon the request of the supervisor of elections.

History.--s. 22, ch. 3879, 1889; RS 176; s. 26, ch. 4328, 1895; s. 1, ch. 4699, 1899; GS 208; RGS 252; CGL 308; s. 5, ch. 26870, 1951; s. 1, ch. 57-385; s. 3, ch. 67-530; s. 4, ch. 69-281; s. 23, ch. 77-175; s. 4, ch. 78-188; s. 2, ch. 80-189; s. 12, ch. 80-292; s. 1, ch. 85-38; s. 593, ch. 95-147.

Note.--Former s. 99.06.

101.715 Accessibility of polling places to the elderly and physically handicapped.--

(1) Each polling place shall be accessible to, and usable by, elderly persons and by physically handicapped persons by complying, when necessary, with the following standards of accessibility:

(a) Doors, entrances, and exits used to gain access to, or egress from, the polling place shall have a minimum width of 29 inches.

(b) Any curb adjacent to the main entrance to a polling place shall have curb cuts or temporary ramps.

(d) At the polling place, no barrier shall impede the path of the physically handicapped to the voting booth.

(2) Polling places which are of a temporary nature are exempt from compliance with s. 255.21.

(3) Each supervisor of elections shall only select as polling places, sites which meet the standards of accessibility prescribed in subsection (1), except that the supervisor may select a site not meeting the standards if:

(a) No acceptable and accessible site exists within the precinct or other designated voting area; and

(b) It is anticipated that the site will be brought into compliance with such standards in the foreseeable future, or the site will be temporarily made to comply with the standards for the time during which the polls are open.

(4) Any supervisor of elections who selects as a polling place a site which does not meet the standards prescribed in subsection (1) shall report such selection to the board of county commissioners. The report shall expressly state that the supervisor has determined that such polling place can be made accessible to, and usable by, elderly persons and by physically handicapped persons in the foreseeable future by affirmative governmental action.

(5) Each board of county commissioners which receives a report from a supervisor pursuant to subsection (4) shall take affirmative action to bring the selected polling place into compliance with the standards prescribed in subsection (1).

(6) Each district school board and each municipality shall cooperate with the board of county commissioners in its respective county in implementing the provisions of this section.

History.--s. 1, ch. 76-50.

101.72 Booths.--

(1) In any county in which voting booths or compartments are used, the supervisor of elections shall provide at least one voting booth or compartment for each 125 registered electors in the county. The supervisor of elections shall determine the actual number of booths or compartments to be used in each precinct at each election. In determining the number of booths or compartments to be used in each precinct, the supervisor shall take into consideration the traditional voting patterns of such precinct and shall furnish the number of booths or compartments necessary to handle efficiently the number of anticipated electors in the precinct. Each booth or compartment shall be furnished with a shelf or table for the convenience of electors in preparing their ballots and shall be so arranged that it will be impossible for one elector in one compartment to see an elector in another in the act of marking his or her ballot. Each voting table or shelf shall be kept supplied with conveniences for marking the ballots.

(2) If a county utilizes a voting system which does not require the use of a voting booth or compartment as an integral part of voting, the minimum number of booths or compartments need not be provided.

History.--s. 38, ch. 4328, 1895; s. 7, ch. 4329, 1895; GS 223; RGS 268; CGL 324; s. 5, ch. 26870, 1951; s. 23, ch. 77-175; s. 13, ch. 81-304; s. 1, ch. 90-145; s. 594, ch. 95-147.

Note.--Former s. 99.22.

101.731 Short title.--Sections 101.731-101.74 may be cited as the "Elections Emergency Act."

History.--s. 1, ch. 92-16.

101.732 Definitions relating to Elections Emergency Act.--As used in ss. 101.731-101.74:

(1) "Department" means the Department of State.

(2) "Division" means the Division of Elections of the Department of State.

(3) "Emergency" means any occurrence, or threat thereof, whether accidental, natural, or caused by human beings, in war or in peace, that results or may result in substantial injury or harm to the population or substantial damage to or loss of property to the extent it will prohibit an election officer's ability to conduct a safe and orderly election.

History.--s. 2, ch. 92-16; s. 595, ch. 95-147.

101.733 Election emergency; purpose; elections emergency contingency plan.--Because of the existing and continuing possibility of an emergency or common disaster occurring before or during a regularly scheduled or special election, and in order to ensure maximum citizen participation in the electoral process and provide a safe and orderly procedure for persons seeking to exercise their right to vote, generally to minimize to whatever degree possible a person's exposure to danger during declared states of emergency, and to protect the integrity of the electoral process, it is hereby found and declared to be necessary to designate a procedure for the emergency suspension or delay and rescheduling of elections.

(1) The Governor may, upon issuance of an executive order declaring a state of emergency or impending emergency, suspend or delay any election. The Governor may take such action independently or at the request of the Secretary of State, a supervisor of elections from a county affected by the emergency circumstances, or a municipal clerk from a municipality affected by the emergency circumstances.

(2) The Governor, upon consultation with the Secretary of State, shall reschedule any election suspended or delayed due to an emergency. The election shall be held within 10 days after the date of the suspended or delayed election or as soon thereafter as is practicable. Notice of the election shall be published at least once in a newspaper of general circulation in the affected area and, where practicable, broadcast as a public service announcement on radio and television stations at least 1 week prior to the date the election is to be held.

(3) The Division of Elections of the Department of State shall adopt, by rule, an elections emergency contingency plan, which shall contain goals and policies that give specific direction to state and local elections officials when an election has been suspended or delayed due to an emergency. The contingency plan shall be statewide in scope and shall address, but not be limited to, the following concerns:

(a) Providing a procedure for state and local elections officials to follow when an election has been suspended or delayed to ensure notice of the suspension or delay to the proper authorities, the electorate, the communications media, poll workers, and the custodians of polling places.

(b) Providing a procedure for the orderly conduct of a rescheduled election, whether municipal, county, district, or statewide in scope; coordinating those efforts with the appropriate elections official, and the members of the governing body holding such election, if appropriate; and working with the appropriate emergency management officials in determining the safety of existing polling places or designating additional polling places.

(c) Providing a procedure for the release and certification of election returns to the department for elections suspended or delayed and subsequently rescheduled under the provisions of ss. 101.731-101.74.

History.--s. 3, ch. 92-16.

101.74 Temporary change of polling place in case of emergency.--In case of an emergency existing in any precinct at the time of the holding of any election, the supervisor of elections may establish, at any safe and convenient point outside such precinct, an additional polling place for the electors of that precinct, in which place the qualified electors may vote. The registration books of the affected precinct shall be applicable to, and shall be used at, the polling place so established.

History.--s. 39, ch. 3879, 1889; RS 193; s. 70, ch. 4328, 1895; GS 254; RGS 298; CGL 354; s. 5, ch. 26870, 1951; s. 44, ch. 65-380; s. 23, ch. 77-175; s. 2, ch. 83-334; s. 4, ch. 92-16.

Note.--Former s. 99.55.

101.75 Municipal elections; change of dates for cause.--

(1) In any municipality, when the date of the municipal election falls on the same date as any statewide or county election and voting machines are not available for both elections, the municipality may provide that the municipal election may be held within 30 days prior to or subsequent to the statewide or county election.

(2) The date of the municipal election shall be set by the municipality by ordinance.

History.--ss. 1, 2, ch. 59-493; s. 1, ch. 76-68; s. 24, ch. 77-175; s. 5, ch. 92-16.

Note.--Former s. 104.451.